IN•CLUED's Terms of Services
These are our terms of service, covering the use of and access to our services. Please read them carefully. Last Modified: February 3, 2016Acceptance Of Terms
Our Services via the Website allow you (“User” or “you”) to search for, identify, review and secure orders and reservations with participating third party event-related suppliers and service providers, including, without limitation, venues, caterers and entertainment providers that are both listed on the Website and sourced separately off-line by us (each, “Supplier”). The Website acts as a platform to allow the Suppliers to advertise and post their services. We provide this platform to you at no charge, however, we may or may not earn a commission from each Supplier. We are not a party to the actual transaction between you and the Supplier. As a result, even though we vet the Suppliers and hope that Suppliers will advertise truthfully, we have no control over the quality of the items or services advertised, the truth or accuracy of the listings, the ability of Suppliers to sell items or provide services. In addition, we cannot ensure that a Supplier will actually complete a transaction and in•clued shall not be liable for the failure to fulfill any obligation owed by Supplier to you. In addition, in•clued does not represent or warrant that any other content or information accessible via the Website or Services or communicated to you by any Supplier is accurate, complete, reliable, current or error-free including the menus, pricing, hours of operation, and nature and extent of services. Price, description, menu content, product/service availability, parking accessibility and restaurant or venue information are subject to change without notice.Cancellation Policy
The venue’s contract will specify the cancellation policy, which you can view upon reviewing the contract prior to signing. If you are ordering drop-off catering, then 50% of the total to be charged will be payable if the reservation is cancelled within 72 hours before the drop-off time and 100% will be payable if the order is cancelled within 24 hours of the drop off time. If you are reserving our exclusive in•clued’s full-service catering team, then 50 % of total charge is non-refundable if cancelled 14 days prior to the event date/75% of total charge non-refundable between 13- 8 days prior/ and100% non-refundable if cancelled 7 days prior to the event. If you reserving one of our catering partners instead, then cancellation policy will be specified on the individual partners’ cancellation policy.Valid E-Mail Policy and Use of E-mail Cookies
As a condition to using our Services and to access additional portions of our Website, you are required to provide us with your valid e-mail address. You specifically agree that at any time you are prompted by us or our Website, you will provide us with your valid, current email address. Upon giving us your e-mail address, as a matter of user convenience so that our users won’t be required to re-enter their e-mail addresses upon each visit to our Website, a cookie will be placed on the computer or mobile device that you are using to access our Website so that each time you are using such computer or mobile device, we are assuming that anyone using the Website or transacting through your computer or mobile device with the cookie is you. You agree that you are solely responsible for any activity that occurs using your computer or mobile device enabled with our cookie. At any time that you are accessing our Website through a different computer or mobile device, you will need to provide us with your e-mail address, which will also enable a cookie onto such computer or mobile device so that we will recognize the e-mail address and cookie from the time you provided us with your e-mail address. At any time, you may clean the cookies from your computer or mobile device using third-party software or the settings on your computer and mobile device, in which case, you will again be asked for e-mail address to access certain parts of our Services and Website upon your next visit to our Website. The cookie has no material security features, and by providing us your e-mail address, you are not protected from others providing your e-mail address on different computers or devices, and accessing our Website and Services wrongfully with your e-mail address. We require you to provide us with your valid e-mail address; however, we accept no responsibility and shall not be liable for others who may provide us with the same or similar e-mail addresses or anyone seeking to impersonate you, nor shall we be responsible or liable for your inability to access our Website or Services as a result of any technical problems with your cookie or your cookie being disabled from your computer or mobile device.User Conduct
You are solely responsible for your interactions with other users of the Services. In•clued reserves the right, but has no obligation, to monitor disputes between you and other users. As a condition of your use of the Services, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms. For example, you must not, and must not attempt to do the following:
You are free to stop using our Services at any time. We reserve the right to suspend or end the Services at any time at our discretion and without notice. We may suspend or terminate your use of the Services if you are not complying with these Terms, or use the Services in a manner that could cause us or our users legal liability, disrupt the Services or disrupt others’ use of the Services. You agree that any termination of your access to all or any portion of the Website or our Services under any provision of these Terms may be effected without prior notice, and acknowledge and agree that we may immediately bar any further access to our Website and Services. You also agree that we shall not be liable to you or any third party for any termination of your use of or access to all or any portion of the Website or Services.Copyright Complaints
iIf you have any special requests in connection with your in•clued requests and reservations, you must submit them on the in•clued Sites at the time you request your reservation and prior to booking it. We will pass along any requests we deem reasonable to the relevant service providers. We cannot guarantee, however, that the service providers will fulfill such requests, as such services or amenities may not be available. in•clued is not liable for any failure to fulfill a special request, and no cancelation due to any special request not being met shall be allowed.
in•clued does not accept requests conditioned or contingent on the fulfillment of a special request.
We take claims of copyright infringement seriously. If you believe any materials accessible on or from the Website infringes your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our Copyright Agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
You acknowledge and agree that our Website and Services offered by our Website contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You also acknowledge and agree that content contained in sponsor advertisements or information presented to you through our Website, Services or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as consented to by in•clued or advertisers in writing, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on our Website or Services, in whole or in part.Linking to the Website and Social Media Features
You may link to our Website, 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.The Services may provide certain social media features that enable you to:
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, or your reliance on, any such content, goods or services available on or through any such websites or resource. Specifically, we are not responsible for the availability of such websites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.Notices
Except as otherwise stated in these Terms or as expressly required by local law, any notice to us shall be given by certified mail, postage prepaid and return receipt requested, to Inclued LLC, Attn: Legal Department, 646 10th Avenue, Unit 1B, New York, NY 10036, and any notice to you shall be given to the email address that you provided to in•clued (either during the registration process or when your email address changes). Notice shall be considered given twenty-four- (24-) hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, in•clued may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to in•clued. In such case, notice shall be deemed given three days after the date of mailing.Force Majeure
In•clued shall be excused from performance of any Services under these Terms, to the extent it is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion; (c) quarantines or embargoes; (d) labor strikes; (e) error or disruption to major computer hardware or networks or software failures; or (g) other causes beyond the reasonable control of in•clued.Release And Indemnity
Your access to and use of the Website may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Services or any other reason within or outside the control of in•clued. In•clued reserves the right to suspend or discontinue the availability of the Service and/or Website at any time at its sole discretion and without prior notice. In•clued may also impose limits on certain features and Services or restrict your access to parts of or all of the Services without notice or liability.
You hereby expressly and irrevocably release and forever discharge in•clued, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of, access to, or reliance upon, the Website or the Services. You hereby agree to indemnify and hold harmless in•clued, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, actions, causes of action, suits, losses, liability, debts, proceedings, judgments, expenses, damages, demands and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees and disbursements, resulting from, or arising out of, or relating to, (i) any breach of these Terms, (ii) any violation of applicable law, (iii) content posted on the Website, (iv) the use of the Services, (v) the use of any content, goods, or services posted on the Website or provided by third parties through the Services or Website, (vi) any violation of any rights of a third party, in each case of (i) thru (vi), by you or any person using your account.
YOUR USE OF THE SERVICES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER IN&BULL;CLUED NOR ANY PERSON ASSOCIATED WITH IN&BULL;CLUED MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER IN&BULL;CLUED NOR ANYONE ASSOCIATED WITH IN&BULL;CLUED REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. IN&BULL;CLUED 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 PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.Limitation on Liability
IN NO EVENT WILL IN&BULL;CLUED, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. TO THE EXTENT PERMITTED BY LAW, IN&BULL;CLUED’S LIABILITY IS LIMITED AND SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).Limitation on Time to File Claims
We do not guarantee continuous, uninterrupted or secure access to our Website or Services, and operation of our Website may be interfered with by numerous factors outside of our control.No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and in•clued is intended or created by this Agreement.Modifications
In•clued reserves the right to modify or terminate the Services or Website for any reason, without notice, at any time. In•clued reserves the right to alter these Terms of Service or other Website policies at any time, so please review the policies frequently. If in•clued makes a material change in•clued will notify you here, by email, by means of a notice on our home page, or other places in•clued deems appropriate. What constitutes a “material change” will be determined at in•clued’s sole discretion, in good faith, and using common sense and reasonable judgment.Controlling Law
All matters relating to the Services and these Terms 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 New York without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, in each case located in the borough of Manhattan in New York County, New York. You expressly submit to the exclusive jurisdiction of, and waive any and all objections to the exercise of jurisdiction over you by, said courts and consent to extraterritorial service of processEntire Agreement
These Terms constitute the entire agreement between you and in•clued with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms do not create any third party beneficiary rights.Waiver, Severability & Assignment
In•clued’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of these Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. In•clued may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.