CaterCow Terms of Use

Last updated on September 2025

CATERCOW INC. (“Catercow”, “we”, “our”, or “us”) owns and operates this website, including related subdomains, our mobile application, applications interfaces, and other tools and technologies (collectively, the “Site”) and all associated services, (collectively, the “Services”). These Terms of Use (the “Terms”), together with our Privacy Policy , govern your access and use of the Services offered by us.  These Terms constitute a contract between you and us that governs your access and use of the Site and Services. By accessing and/or using the Site or our Services, or by clicking a button or checking a box marked “I Agree” (or something similar), you agree to these Terms. If you do not agree, do not access and/or use the Site or Services. As used herein, “you” means any visitor, user, or other person who accesses our Site or Services, whether or not such person registered for an account with us, and includes, without limitation, Consumers and Suppliers, as applicable.

SECTION 11 OF THESE TERMS CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, SECTION 11 SETS FORTH OUR ARBITRATION AGREEMENT WHICH WILL REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO ARBITRATION, WITH LIMITED EXCEPTIONS. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT AND TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. THE ARBITRATION AGREEMENT COULD AFFECT YOUR RIGHT TO PARTICIPATE IN PENDING OR PROPOSED CLASS ACTION LITIGATION.

1. DEFINITIONS

1. “Catering Package” or “Package” or “Menu Items” or “Menu” means the catered offerings of a Supplier purchased by a Consumer via the Site or via phone by calling one of our representatives.
2. “Consumer” or “Customer” means a person or entity that orders a Catering Package.
3. “Supplier” or “Vendor” or “Restaurant Partner” or “Partner” means a restaurant, caterer, food truck, artisan, or other party that provides Catering Packages.
4. “Intellectual Property Rights” means patent rights (including, without limitation, patent applications and disclosures), trademark rights, copyrights, trade secrets, moral rights, know-how, and any other intellectual property rights recognized in any country or jurisdiction in the world.

2. SERVICES

1. Services. We will use commercially reasonable efforts to provide the Services to Consumers in accordance with these Terms.  If you are a Supplier, you will be required to confirm an order within 24 hours of when the order is placed.. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Site solely for your noncommercial purposes, and such access and use is expressly limited by all applicable intellectual property laws.
2. Authorized Users.  The Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 or older.
3. Restrictions. You shall not use, nor shall you allow access to or use of, the Site or Services to, directly or indirectly: (i) use the Services in any manner beyond the scope of rights expressly granted in these Terms; (ii) attempt to use the Services under false pretenses or for sending or storing any unlawful material or for deceptive or fraudulent purposes; (iii) attempt to use a third party’s account, impersonate any person or entity, or forge or manipulate identifiers to disguise the origin of any content transmitted through the Services; (iv) to cause or attempt to cause nuisance, annoyance, or inconvenience; (v) use the Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any Intellectual Property Rights or other right of any third-party, or that violates any applicable law; (vi) interfere with, or disrupt the integrity or performance of, the Services, or any data or content contained therein or transmitted thereby; (vii) create, compile, or attempt to create or compile, any content or collection, compilation, or other directory from any content displayed through the Services; (viii) attempt to use the Services in any way that could damage, disable, overburden, or impair any CaterCow service or the networks connected to any CaterCow server, (ix) use the Services to transmit any bulk unsolicited commercial communications, or (x) use the Services for benchmarking or competitive analysis, or to develop, commercialize, license or sell any product, service or technology that could, directly or indirectly, compete with the Services.
4. Acceptable Use Policies. You acknowledge and agree that we have no obligation to monitor or police communications or data transmitted through the Site or Services and that we shall not be responsible for the content of any such communications or transmissions. However, we have the right to monitor the foregoing for the purpose of operating the Site and Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. You shall use the Site or Services exclusively for authorized and legal purposes, consistent with all applicable laws, regulations and the rights of others. In the event we believe or determine that you have breached any of the aforementioned or any other provision of these Terms, we reserve the right to suspend and/or permanently deactivate your account or take other appropriate measures at our sole discretion.
5. Supplier Disclaimer.  We do not endorse any Supplier or Catering Package. Although Suppliers are required to provide accurate information, we do not attempt to confirm, and do not confirm, any Supplier’s purported identity or accuracy of information. You are responsible for determining the identity and suitability of Catering Packages and Menu Items. You acknowledge that we have no responsibility or liability for the acts or omissions of any Supplier. Suppliers are the retailers of the Catering Packages offered through the Services. You agree that we are not responsible for Supplier’s food preparation or product offerings, food or product handling, or the safety of the food or other products. Although we strive to ensure that food and beverages provided via the Services are safe for those with allergies, please be advised that such items may still contain allergens or may have come in contact with allergens. Customer is solely responsible for informing its employees, temporary workers, guests or anyone else who may consume Suppliers’ offerings of these risks.
6. Alcoholic Beverages. We will not sell alcohol to persons under the age of 21. By using the Services, you are representing that the person receiving any ordered alcoholic beverages is over the age of 21. You also agree that any alcohol purchased via the Services is intended for personal consumption and not for resale. We are not responsible for the service of alcoholic beverages to you and we disclaim any and all liability related to the consumption thereof.

3. YOUR OBLIGATIONS

1. Account. You may be required to register for an account to use parts of the Services. You must provide accurate, current, and complete information during the registration process and at all other times when you use the Services, and to update the information to keep it accurate, current, and complete. You are solely and fully responsible for all activities that occur under your password or account or through your device. You agree that you shall monitor your account to prevent use by minors, and you will accept full responsibility for any unauthorized use of your password or your account. Should you suspect that any unauthorized party may be using your password or account, you will notify us immediately. We will not be liable, and you may be liable, for losses, damages, liability, expenses, and fees incurred by us or a third party arising from someone else using your account. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
2. Supplier Obligations Regarding Consumer Data. Suppliers will comply with all applicable data privacy laws and regulations with regards to User Data. Suppliers must maintain their own privacy policies and security practices to safeguard User Data. CaterCow is not responsible for Supplier’s acts or omissions regarding User Data.
3. Your Data.  You hereby grant CaterCow a worldwide, perpetual, royalty-free, non-exclusive, sublicensable right and license to copy, use, display, perform and modify your data that you submit, post, upload, or otherwise make available to us (collectively, “User Data”) solely to perform CaterCow’s obligations under these Terms, including to provide the Services.  You are responsible for providing all User Data in the appropriate format. You acknowledge and agree that all User Data is your responsibility. You represent that you have all required rights to transmit such User Data without violation of any third-party rights. You understand that we do not control, and are not responsible for, User Data, and that by using the Site, you may be exposed to User Data from other users that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Please also note that User Data may contain typographical errors or other errors. You agree that you will indemnify, defend, and hold harmless us for all claims resulting from User Data. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event you will cooperate with us in asserting any available defenses.

4. FEES; EXPENSES; TAXES

1. Fees. In addition to the price of a Catering Package or Menu Items, we calculate any applicable delivery fees separately during the checkout process. The “Base Price” is calculated by taking a Catering Package or Menu Item's price and multiplying it by the quantity ordered and then adding in any applicable delivery fees. In addition to the Base Price, Consumers may pay a service fee to CaterCow.
2. Payment. When a Consumer orders a Catering Package or Menu Items, we collect payment in full via credit card or we may invoice you. We do not allow transactions to occur outside of our Site. Intentionally attempting to circumvent our payment system is disallowed and grounds for being removed from the Site. We cannot provide support or recourse for transactions that occur offline or outside of our Site.
3. Taxes. Suppliers are responsible for remitting sales tax to proper local authorities.
4. Payment to Suppliers. When an order is accepted by Supplier, we withhold a variable percentage fee, (the “Supplier Fee”) and send the remainder of the Base Price to the Supplier. The Supplier Fee covers credit card processing, account management, customer service, and dispute resolution. Suppliers are paid via ACH transfer. In most cases, suppliers must verify their identity and bank account information through CaterCow and Stripe. Payment processing services for Suppliers on CaterCow are provided by Stripe and are subject to the Stripe Connected Account Agreement , which includes the Stripe Terms of Service (collectively, the "Stripe Services Agreement"). By agreeing to these terms or continuing to operate as a Supplier on CaterCow, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of CaterCow enabling payment processing services through Stripe, you agree to provide CaterCow accurate and complete information about you and your business, and you authorize CaterCow to share it and transaction information related to your use of the payment processing services provided by Stripe.

5. PROPRIETARY RIGHTS.

1. Services. CaterCow shall own and retain all right, title and interest in and to: (a) the Services, and all improvements, enhancements, updates, and modifications thereto, and any derivative works of the foregoing; (b) any underlying software, algorithms, interfaces, databases, tools, know-how, processes, methods, applications, inventions or other technology used to deliver the Services or otherwise developed by or on behalf of CaterCow; (c) the CaterCow names and logos associated with the Services; and (d) all Intellectual Property Rights in and to any of the foregoing. You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services.
2. Feedback. From time to time you may provide us with suggestions, comments, reviews, feedback or the like with regard to the Services (collectively, “Feedback”). You represent and warrant that you have all rights necessary to submit the Feedback.  To the extent that you provide to us any Feedback, you grant us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license to use, copy, modify, create derivative works based upon and otherwise exploit, freely and without restriction, the Feedback for any purpose.
3. Supplier Brand License. Subject to these Terms, Supplier grants to CaterCow a fully paid, royalty-free, non-exclusive, revocable license to use Supplier’s brand identifiers, including but not limited to a combination of trademarks, product photography, product lists and descriptions, slogans, and color schemes, in connection with the Services.

4. DMCA/Copyright Policy. CaterCow respects copyright law and expects you to do the same. It is our policy to terminate in appropriate circumstances access to the Services to those who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. If you believe that your copyrighted work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please provide us with notification containing the following information required by the Digital Millennium Copyright Act, 17 U.S.C. §512 (“DMCA”): (a) 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; (b) 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; (c) 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 Site; (d) Information reasonably sufficient to permit us to contact the party alleging infringement, including an email address; (e) 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 (f) 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. 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.

6. COMMUNICATIONS WITH CATERCOW

By creating a CaterCow account or using the Site or Services, you agree to: (a) accept and receive communications from or on behalf of CaterCow, Suppliers, partners, and/or third parties providing services to you or CaterCow, including via email, text message, direct message, chat, and calls, to the contact information you provide to CaterCow when registering an account or using the Site or Services; and (b) receive communications via push notification or in-app messages in our mobile application. Further, you understand and agree that you may receive communications (e.g., calls, text messages, etc.) that are generated by an automatic telephone dialing system, and/or which will deliver prerecorded or automated messages, sent by or on behalf of us and Suppliers, including but not limited to communications concerning orders you place through your account on the Services. For clarification, you acknowledge and agree that you may receive communications from third parties who are facilitating your receipt of the benefit of the Services (including multimedia messaging service messages to confirm the delivery of your order). Message and data rates may apply and message frequency may vary. The communications in this Section 6 may include, without limitation, commercial or marketing messages, transactional or relationship messages (e.g., messages about the availability of our services (e.g., interruptions in service), security and/or fraud (e.g., password reset messages), safety, responses to communications initiated by you, updates to policies/legal agreements (e.g., privacy policies, terms of service)), newsletters, and messages relating to research, political advocacy, or customer support (those initiated by you and by us). You acknowledge that receiving commercial or marketing messages or calls is not a requirement or condition for you to use the Services. For purposes of clarity, any message (including text message) or call you may receive from us or a Supplier regarding an order is a transactional message, not a commercial, marketing, or promotional message or call. If there are changes to your contact information (e.g., email address, phone number), you agree to update your account to help prevent or limit CaterCow inadvertently communicating with someone else.

You authorize your wireless carrier to use or disclose information about your account and your wireless device, if available, to CaterCow or its service provider for the duration of your business relationship, solely to help them identify you or your wireless device and to prevent fraud  Review our Privacy Policy for more information about our privacy practices, contact information, and opt-out options.

7. EXCLUSIONS AND LIMITATIONS

THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS, AND CATERCOW MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND THE SERVICES, AND CATERCOW HEREBY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. CATERCOW DISCLAIMS ANY WARRANTY THAT THE SERVICES WILL BE ERROR FREE OR UNINTERRUPTED OR THAT ALL ERRORS WILL BE CORRECTED. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CATERCOW OR ELSEWHERE SHALL CREATE ANY WARRANTY. You assume sole responsibility and liability for your use of the Services. Catercow shall have no liability for any claims, losses, or damages caused by errors or omissions in any User Data or other information provided to us by you in connection with the Services or any actions taken by Catercow at your direction. Catercow shall have no liability for any claims, losses or damages arising out of or in connection with your use of any third-party products, services, software or web sites that are accessed via links from within the Services.

8. TERMINATION

1. Termination. Your rights under these Terms will terminate automatically without notice if you fail to comply with any term of these Terms. Further, CaterCow reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Site and/or Services, including but not limited to the Site's features, look and feel, and functional elements and related Services. We will have no liability whatsoever on account of any change to the Site or any suspension or termination of your access to or use of the Site. You may terminate these Terms at any time by closing your account, uninstalling all application(s) (if applicable) and ceasing use of the Site and Services provided herein.
2. Survival. The rights and obligations of CaterCow and you contained herein that by their nature should survive, shall survive any expiration or termination of these Terms.

9. INDEMNIFICATION

You shall defend (or settle), indemnify and hold harmless CaterCow, its officers, directors and employees (collectively, “Indemnitees”), from and against any losses, costs, reasonable attorneys’ fees, damages, penalties, fines and liabilities incurred by Indemnitees, and amounts agreed to in settlement, with respect to each of the foregoing, to the extent arising from any claim, allegation, or suit arising out of or in connection with: (a) CaterCow’s use of your User Data; (b) your unauthorized use of the Services; (c) your breach of these Terms; (d) your actual or alleged violation of law, rule or regulation; or (e) any dispute or issue between you and any third party, including without limitation any Supplier. 

10. LIMITATION OF LIABILITY.

1. Exclusion of Damages. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CATERCOW BE LIABLE TO YOU FOR ANY LOSS OF INCOME, DATA, PROFITS, REVENUE OR BUSINESS INTERRUPTION, OR OTHER ECONOMIC LOSS, OR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT CATERCOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER ANY CLAIM FOR RECOVERY IS BASED ON THEORIES OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE.
2. Total Liability.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CATERCOW’S AGGREGATE LIABILITY TO YOU AND ANY THIRD PARTY RELATED TO THESE TERMS OR YOUR ACCESS TO AND USE OF THE SERVICES EXCEED THE TOTAL FEES OWED BY YOU IN THE TWELVE-MONTH PERIOD PRECEDING THE CLAIM OR ACTION, REGARDLESS OF THE FORM OR THEORY OF THE CLAIM OR ACTION.
3. Basis of Bargain. THE LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES SET FORTH IN THIS SECTION 10 (LIMITATION OF LIABILITY) ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CATERCOW AND YOU AND WILL APPLY TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW.

11. ARBITRATION AGREEMENT

THIS SECTION 11 OF THIS AGREEMENT SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT.”

Please read this Section 11 carefully. It requires that any and all claims between you and CaterCow be resolved by binding arbitration or in small claims court or tribunal. To the extent permitted by applicable law, this Section 11 prevents you from pursuing a class action or similar proceeding in any forum.

11.1        Scope of Arbitration Agreement. This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before, on, or after the effective date of these Terms. You agree that any dispute or claim arising out of or relating in any way to the subject matter of these Terms, to your access or use of the Services as a user of the Services, to any advertising or marketing communications regarding CaterCow or the Services, to any products or services sold or distributed through the Services that you received as a user of our Services, or to any aspect of your relationship or transactions with Catercow as a user of our Services (this includes, without limitation, any contract claim, tort claim, statutory claim, or claim for unfair competition), will be resolved by binding arbitration, rather than in court, except as otherwise required by law—such as individual claims for sexual assault or sexual harassment arising from use of the Services—or as otherwise provided in this Arbitration Agreement. In addition, to the extent permitted by applicable law, either you or CaterCow may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). Either you or CaterCow may also, to the extent permitted by applicable law, apply to a court of competent jurisdiction for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this paragraph may be rendered ineffectual.

11.2        Initial Dispute Resolution. Most disputes can be resolved without resorting to arbitration. If you have any dispute with us, you agree that you will try to resolve your dispute directly with us before taking any formal action, by contacting us. When you contact us, you must provide a brief, written description of the dispute and your contact information. If you have an account with us, you must include the email address associated with your account. Except for intellectual property and small claims court claims, you and CaterCow agree to use good faith efforts to resolve any dispute, claim, question, or disagreement directly through consultation with each other. You and CaterCow agree to engage in good faith discussions before initiating a lawsuit or arbitration and understand that good faith discussions are a precondition of initiating a lawsuit or arbitration.

11.3        Binding Arbitration. If the parties do not reach an agreed-upon solution within a period of sixty (60) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims (except as provided in the subsection entitled “Exception” below), as long as the party agrees with the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including the Terms’ formation, performance, and breach), the parties' relationship with each other, and/or your use of CaterCow shall be finally settled by binding arbitration administered by JAMS in accordance with either (i) the JAMS Streamlined Arbitration Procedure Rules, for claims that do not exceed $250,000; or (ii) the JAMS Comprehensive Arbitration Rules and Procedures, for claims exceeding $250,000. The JAMS rules and procedures just identified shall be those in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions.

11.4        Arbitrator’s Powers. The arbitrator (and not any federal, state, or local court or agency) shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms. Such disputes may include, but are not limited to, any claim that all or any part of these Terms is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

11.5        Filing a Demand. To start an arbitration, you must do all three of the following: (i) Write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at www.jamsadr.com); (ii) send three copies of the Demand for Arbitration, plus the appropriate filing fee, to JAMS, NY Times Building, 620 8th Ave, 34th Floor, New York, NY 10018; and (iii) send one copy of the Demand for Arbitration to us at: 228 Park Avenue South, Unit 41539, New York, NY 10003.

To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, CaterCow will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, CaterCow will pay the fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys' fees unless the arbitration rules and/or applicable law provide otherwise.

The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing, unless you and we both agree to another location or telephonic arbitration. For individuals residing outside the United States, arbitration shall be initiated in New York, NY, United States, and you and CaterCow agree to submit to the personal jurisdiction of any federal or state court in New York County in order to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

11.6        Waiver of Jury Trial. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND CATERCOW WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and CaterCow are instead electing to have all disputes resolved by binding arbitration, except as otherwise specified herein. Binding arbitration is a dispute resolution process in which a neutral third party (the arbitrator) makes a final and binding decision resolving the dispute. There is no judge or jury in arbitration, and court review of an arbitration award is limited.

11.7        Class Action Waiver. YOU AND CATERCOW AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. This means that you and CaterCow expressly waive any rights to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

11.8        Exception. Notwithstanding the parties' agreement to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy, or unauthorized use of intellectual property in state or federal court with jurisdiction or in the U.S. Patent and Trademark Office to protect its intellectual property rights. For the purposes of this Section 11.8, “intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but does not include privacy or publicity rights. Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

11.9        30-Day Opt-Out Right. You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to at 228 Park Avenue South, Unit 41539, New York, NY 10003. Your written notice must have the subject line, "ARBITRATION AND CLASS ACTION WAIVER OPT-OUT." The notice must be sent within thirty (30) days of your first date that you used the Site that contained any versions of the Terms that included this version of the Mandatory Arbitration and Class Action Waiver, whichever is later. Otherwise you shall be bound to arbitrate disputes in accordance with this section entitled “Mandatory Arbitration and Class Action Waiver”. If you opt out of these arbitration provisions, CaterCow also will not be bound by them.

11.10        Changes to this Section. We will provide thirty (30) days' notice of any material changes to this section by posting notice on the Site or informing you via email, and complying with any other applicable legal notice or consent requirements. Amendments will become effective thirty (30) days after they are posted on the Site or sent to you by email. Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection (“Changes to this Section”) is not enforceable or valid, then this subsection will be deemed to be severed from the section entitled “Mandatory Arbitration and Class Action Waiver.” If this happens, the court or arbitrator shall apply the first Mandatory Arbitration and Class Action Waiver section or similar section in existence after you began using the Site.

12. GENERAL

1. Subcontractors. We may use subcontractors and other third-party providers in connection with the performance of its own obligations hereunder without your prior consent.
2. Governing Law. These Terms and all matters arising out of or relating to these Terms shall be governed by the laws of the State of New York, without regard to its conflict of law provisions. Any legal action or proceeding relating to these Terms shall be brought exclusively in the state or federal courts located in the Southern District of New York. You hereby agree to submit to the jurisdiction of, and agree that venue is proper in, those courts in any such legal action or proceeding.
3. Waiver. The waiver by either party of any default or breach of these Terms shall not constitute a waiver of any other or subsequent default or breach. No waiver of any provision of these Terms will be effective unless it is in writing and signed by the party granting the waiver.
4. Notices. CaterCow may give notice to you by means of a general notice through the Site, email to your e-mail address on record with us, or by written communication sent by first class postage prepaid mail or nationally recognized overnight delivery service to your address on record with us. You may give notice to us by written communication sent by first class postage prepaid mail or nationally recognized overnight delivery service to 228 Park Avenue South, Unit 41539, New York, NY 10003. Notice shall be deemed to have been given upon receipt or, if earlier, two (2) business days after mailing, as applicable. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
5. Severability. In the event any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms shall remain in full force and effect.
6. Assignment. You may not assign or transfer these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent.  Any attempted assignment or transfer without such consent will be null and of no effect.  Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
7. Entire Agreement. These Terms constitute the complete and exclusive agreement between the parties concerning its subject matter and supersede all prior or contemporaneous agreements or understandings, written or oral, concerning the subject matter of these Terms.

12.8        Changes to these Terms. We may revise these Terms at any time. If we revise these Terms, we will give you notice of any revisions in accordance with legal requirements. If you do not agree to, or cannot comply with, any modified Terms, you must stop using the Site. Your continued use of the Site after any such update constitutes your binding acceptance of such changes. The Terms were most recently updated on the last modified date at the top of this document.