Terms and Conditions

Terms & Conditions


These Terms of Use Agreement set forth the standards of use of our service. By using our web site, you agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted on our site. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

Description of Service

We provide delivery and catering services to you from contracted restaurants and other vendors. You must provide all equipment necessary for your own Internet connection, including computer and modem and provide for your access to the Internet, and pay any fees related with such connection.

Disclaimer of Warranties

The site is designed by RDS Control Systems, Inc. and provided by us on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, neither RDS Control Systems, Ind. nor we make any representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Neither RDS Control Systems, Inc. nor we shall have any liability for any interruptions in the use of this Website. Both RDS Control Systems, Inc. and we disclaim all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore the above-referenced exclusion is inapplicable.

Limitation of Liability

NEITHER RDS CONTROL SYSTEMS, INC. NOR WE SHALL BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY BE INAPPLICABLE.

Indemnification

You agree to indemnify and hold RDS Control Systems, Inc. and us, our parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of your use of the service, the violation of this Agreement, or infringement by you, or other user of the Service using your computer, of any intellectual property or any other right of any person or entity.

Modifications and Interruption to Service

We reserve the right to modify or discontinue the Service with or without notice to you. We shall not be liable to you or any third party should we exercise our right to modify or discontinue the Service. You use of the site acknowledges and accept that we do not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

Third-Party Sites

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage you to review said privacy policies of third-party sites.

Disclaimer Regarding Accuracy of Vendor Information

Product specifications and other information have either been provided by the vendors or collected from publicly available sources. While we make every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website. Restaurant Prices are subject to change without notice. We make no warranties or representations whatsoever with regard to any product provided or offered by any vendor, and you acknowledge that any reliance on representations and warranties provided by any vendor shall be at your own risk.

Governing Jurisdiction of the Courts

Our website is operated and provided in the State in which we are located. Our address can be found by clicking here. As such, we are subject to the laws of our State, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of our State.

Compliance with Laws

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

Copyright and Trademark Information

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is copyright by us, with all rights reserved, or is the property of us and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of our company is strictly prohibited. You agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of our company. Portions of our site were designed by and are copyrighted by RDS Control Systems, Inc., and all rights to those portions are reserved to RDS Control Systems, Inc. Any of our proprietary marks or trademarks may not be used in connection with any product or service that is not provided by us in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks displayed on our site are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with us.

Botnets

We retain the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, We reserve the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.

Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by us, in our sole discretion, to a third party in the event of a merger or acquisition. These Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation. You agree that by accepting this Terms of Use Agreement, you are consenting to the use and disclosure of your personally identifiable information and other practices described in our Privacy Policy Statement.

Security Policy


Your payment and personal information is always safe. Our Secure Sockets Layer (SSL) software is the industry standard and among the best software available today for secure commerce transactions. It encrypts all of your personal information, including credit card number, name, and address, so that it cannot be read over the Internet.

TERMS OF USE

This Terms of Use Agreement ("Agreement") constitutes a legally binding agreement made between you, whether personally or on behalf of an entity ("user" or "you") and Restaurant Catering Connection, LLC and its affiliated companies (collectively, the "RCC" or "we" or "us" or "our"), concerning your access to and use of the www.rccdelivers.com website as well as any other media form or media channel related or connected thereto (collectively, the "Website"). The Website allows restaurants ("Restaurants") to market and offer for sale meals for delivery and for customers to search for and purchase such meals. RCC is located in the United States of America.

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Website. If you are a minor, you must have your parent or guardian read and agree to this Agreement prior to you using the Website. Persons under the age of 13 are not permitted to register for the Website or use the Website Services.

YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND ALSO BY CONTINUING TO USE THE WEBSITE. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR TO MODIFICATIONS THAT RCC MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS RCC SERVICES OR THE WEBSITE.

OUR PURPOSE

We have created the Website to serve as a marketplace. RCC is a marketplace of food ordering and delivery services. RCC does not control the production of any food produced at the Restaurants. Rather this marketplace provides buyers the ability to search for and find local Restaurants that deliver or make food available for delivery.

The Restaurants are obligated by RCC to comply with federal, state and local laws, rules, regulations, and standards pertaining to food preparation, sale, marketing and safety. However, it is critical for users to understand that RCC does not in any way independently verify the credentials, representations or products of Restaurants, the ingredients or the quality of any products, or that a restaurant is in compliance with applicable laws. Buyers must make themselves comfortable through information provided by restaurants on the Website or as requested by buyers directly from the restaurants as to the quality and reliability of the restaurants, as well as to their compliance with applicable laws. RCC does not in any way guaranty the quality of any food or that any food complies with applicable laws. In addition, a Restaurant may represent that food preparation is in accordance with special standards such as "organic," "kosher," "macrobiotic," or allergen-specific standards such as "nut-free," "gluten-free," or "lactose-free." However, RCC does not independently investigate or verify such representations. RCC shall not be liable or responsible for any food or services offered by restaurants that is unhealthy, is the cause of injury, that is otherwise unacceptable to buyers or that does not meet the expectation of buyers in any manner. Buyers are solely responsible for verifying the accuracy of delivery addresses, and RCC shall have no liability or responsibility for any such erroneous addresses. 

PAYMENT AND OUR CREDIT POLICY

 

Certain features of the Sites, including, without limitation, the placing of orders, may require you to make certain payments. When paid by you, these payments are final and non-refundable, unless otherwise determined by RCC. RCC, in its sole discretion, may offer credits or refunds on a case-by-case basis including, by way of example, in the event of an error with your order or in the amounts you were charged.

RCC will charge, and you authorize RCC to charge, the payment method you specify at the time of purchase. If you pay any amounts with a credit card, RCC may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has credit available for your intended purchase. In the event RCC advances payment for any of your orders placed via the Sites (e.g., if you sign up for a corporate account), RCC may separately send you invoices for payment of those advanced amounts. In the event that you fail to pay such invoices within thirty (30) days of the date of such invoice (the “Payment Due Date”), you grant RCC the right, but not the obligation, to charge the credit card you provide with your Account at any time after any Payment Due Date, unless prohibited by law.

RCC reserves the right to establish, remove, and/or revise prices, fees, and/or surcharges for any or all services or goods obtained through the use of the services at any time. RCC may also, in its sole discretion, make promotional offers with different features and different rates to any or all of our customers. Unless made to you, these promotional offers will have no bearing on your obligation to pay the amounts charged.

The provider of services is set forth herein. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.


USER REPRESENTATIONS

General

By using RCC, you represent and warrant that:

1.       all sign up information you submit is truthful and accurate;

2.       you will maintain the accuracy of such information;

3.       you will keep your password confidential and will be responsible for all use of your password and account;

4.       you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use this Website; and

5.       your use of RCC does not violate any applicable laws or regulations.

PROHIBITED ACTIVITIES

You may not access or use the Website for any other purpose other than that for which RCC makes it available. The Website is for the personal use of users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by RCC. Prohibited activity includes, but is not limited to:

1.       criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets;

2.       advertising to, or solicitation of, any user to buy or sell any products or services, unless authorized by RCC;

3.       systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from RCC;

4.       making any unauthorized use of RCC services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email;

5.       engaging in unauthorized framing of or linking to the Website;

6.       transmitting chain letters or junk email to other users;

7.       using any information obtained from the Website in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;

8.       engaging in any automated use of the system, such as using scripts to add friends or send comments or messages, or using any data mining, robots or similar data gathering and extraction tools;

9.       interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website;

10.    attempting to impersonate another user or person;

11.    using the username of another user;

12.    selling or otherwise transferring your profile;

13.    using any information obtained from the Website in order to harass, abuse, or harm another person;

14.    using RCC as part of any effort to compete with RCC or to provide services as a service bureau;

15.    deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Website;

16.    attempting to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website;

17.    harassing, annoying, intimidating or threatening any RCC employees or agents engaged in providing any portion of RCC services to you;

18.    displaying an advertisement, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Website on behalf of that person, such as posting blogs or bulletins with a commercial purpose;

19.    deleting the copyright or other proprietary rights notice from any Contribution or RCC Content; and

20.    using the Website in a manner inconsistent with any and all applicable laws and regulations.

INTELLECTUAL PROPERTY RIGHTS

The content on the Website ("RCC Content") and the trademarks, service marks and logos contained therein ("Marks") are owned by or licensed to RCC, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. RCC content, includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics. All RCC graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of RCC in the United States of America. and/or other countries. RCC trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of RCC. RCC content on the Website is provided to you "AS IS" for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from RCC is prohibited. Provided that you are eligible to use the Website, you are granted a limited license to access and use the Website and RCC content and to download or print a copy of any portion of RCC content to which you have properly gained access solely for your personal, non-commercial use. RCC reserves all rights not expressly granted to you in and to the Website and RCC Content and Marks. If you download or print a copy of RCC Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any RCC Content or enforce limitations on use of the Website or The RCC therein.

THIRD PARTY WEBSITES AND CONTENT

The Website contains (or you may be sent through the Website or RCC services) links to other websites ("Third Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Content"). Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Website or any Third Party Content posted on, available through or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Website or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Website and access the Third Party Websites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website or relating to any applications you use or install from the Website. Any purchases you make through Third Party Websites will be through other websites and from other companies, and RCC takes no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.

SITE MANAGEMENT

RCC reserves the right but does not have the obligation to:

1.       monitor the Website for violations of this Agreement;

2.       take appropriate legal action against anyone who, in RCC sole discretion, violates this Agreement, including without limitation, reporting such user to law enforcement authorities;

3.       in RCC sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user's Contribution or any portion thereof that may violate this Agreement or any RCC policy;

4.       in RCC sole discretion and without limitation, notice or liability to remove from the Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to RCC systems;

5.       terminate the accounts of repeat infringers; and

6.       otherwise manage the Website in a manner designed to protect the rights and property of RCC and others and to facilitate the proper functioning of the Website.

PRIVACY

We care about the privacy of our users. Please review RCC Privacy Policy. By using the Website or RCC services, you are consenting to have your personal data transferred to and processed in the United States. By using the Website or RCC services, you are consenting to the terms of Privacy Policy.

TERM AND TERMINATION

This Agreement shall remain in full force and effect while you use the Website or are otherwise a user of the Website. You may terminate your use or participation at any time.

WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, RCC RESERVES THE RIGHT TO, IN THE RESTAURANT CATERING CONNECTIN SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE AND RCC SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION, AND RCC MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE AND RCC SERVICES, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN RESTAURANT CATERING CONNECTON SOLE DISCRETION.

In order to protect the integrity of the Website and RCC services, RCC reserves the right at any time in its sole discretion to block certain IP addresses from accessing the Website RCC services.

Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such purposes.

MODIFICATIONS

To Agreement

RCC may modify this Agreement from time to time. Any and all changes to this Agreement will be reflected on the Website and revisions will be indicated by date. You agree to be bound to any changes to this Agreement when you use RCC services after any such modification posted on the Website becomes effective. RCC may also, in its discretion, choose to alert all users with whom it maintains email information of such modifications by means of an email to their most recently provided email address. It is therefore important that you regularly review this Agreement and keep your contact information current in your account settings to ensure you are informed of changes. Modifications to this Agreement shall be effective 30 days after being posted but shall not apply retroactively. Additionally, modifications made to this Agreement applicable to dispute resolution shall not apply to disputes arising prior to the effective date of the modification.

To Services

RCC reserves the right at any time to modify or discontinue, temporarily or permanently, RCC services (or any part thereof) with or without notice. You agree that RCC shall not be liable to you or to any third party for any modification, suspension or discontinuance of RCC services.

DISPUTES

Between Users

If there is a dispute between users of the Website, or between users and any third party, you understand and agree that RCC is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release RCC, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or RCC services.

In RCC

All questions of law, rights, and remedies regarding any act, event or occurrence undertaken pursuant or relating to this Website or RCC services shall be governed and construed by state of California law.

CORRECTIONS

Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability and other information. RCC reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.

DISCLAIMERS

RCC cannot control the nature of all of the content available on the Website or food products sold via the Website. By operating the Website, RCC does not represent or imply that RCC endorses any sellers, sellers' products, blogs, Contributions or other content or products available on or linked to by the Website, including without limitation content hosted on third party websites, or that RCC believes food products, Contributions, blogs or other content to be accurate, useful or non-harmful. We do not control and are not responsible for unlawful or otherwise objectionable products or content you may encounter on the Website or in connection with any sellers or Contributions. RCC is not responsible for the conduct, whether online or offline, of any user of the Website or RCC services.

YOU AGREE THAT YOUR USE OF THE WEBSITE AND RCC SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, RCC, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND RCC SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, RCC MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE AND RCC SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. RCC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND RCC WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

IN NO EVENT SHALL RCC OR ITS DIRECTORS, MEMBERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR RCC SERVICES, EVEN IF RCC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, RCC LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO RCC FOR RCC SERVICES DURING THE PERIOD OF 1 MONTH PRIOR TO ANY CAUSE OF ACTION ARISING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

INDEMNITY

You agree to defend, indemnify and hold RCC, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any party due to or arising out of your Contributions, use of RCC services, including, without limitation use in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. Notwithstanding the foregoing, RCC reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify RCC, and you agree to cooperate, at your expense, with RCC defense of such claims. RCC will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

NOTICES

Except as explicitly stated otherwise, any notices given to RCC shall be given by email to inquire@rccdelivers.com. Any notices given to you shall be given to the email address you provided during the registration process, or such other address as each party may specify. Notice shall be deemed to be given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. We may also choose to send notices by regular mail or discussion forum postings.

U.S. EXPORT CONTROLS

Software from this Website is further subject to United States export controls. No software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

COPYRIGHT POLICY

RCC respects the intellectual property of others, and we ask all of our users to do the same. If you believe that your copyrighted work has been copied and is accessible on the Sites or a website through which our services may be accessed in a way that constitutes copyright infringement, please provide RCC Copyright Agent (as set forth below) with notification containing the following information required by the Digital Millennium Copyright Act, 17 U.S.C. §512 (“DMCA”):

  1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner of the work that allegedly has been infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works allegedly have been infringed, then a representative list of such copyrighted works;
  3. Identification of the material that is claimed to be infringing and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the allegedly infringing material, e.g., the specific web page address on the Sites;
  4. Information reasonably sufficient to permit us to contact the party alleging infringement, including an email address;
  5. A statement that the party alleging infringement has a good-faith belief that use of the copyrighted work in the manner complained of is not authorized by the copyright owner or its agent, or is not otherwise permitted under the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the party alleging infringement is authorized to act on behalf of the copyright owner of the work that allegedly has been infringed.

Please send this notification to our Copyright Agent at: Restaurant Catering Connection, 3483 S. Bristol St. #107, Santa Ana, CA 92704

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

Please note that this procedure is exclusively for notifying RCC and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with RCC’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

In accordance with the DMCA and other applicable law, RCC has adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers. RCC may also in its sole discretion limit access to the Sites and/or terminate the Accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

MISCELLANEOUS

This Agreement constitutes the entire agreement between you and RCC regarding the use of RCC services. The failure of RCC to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. This Agreement and your account may not be assigned by you without our express written consent. RCC may assign any or all of its rights and obligations to others at any time. RCC shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond RCC reasonable control. If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

CONTACT US

In order to resolve a complaint regarding RCC services or to receive further information regarding use of RCC services, please contact RCC as set forth below:

Restaurant Catering Connection

2372 Morse Avenue 

Suite 584

Irvine, CA 92614

(949) 538-2810

inquiry@rccdelivers.com                

©2019 by RDS Control Systems, Inc. All rights reserved. www.rdscontrol.com  




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