Terms & Conditions

IMPORTANT, READ CAREFULLY: YOUR USE OF KATIE BUTTON RESTAURANTS WEBSITE AND ASSOCIATED SERVICES IS CONDITIONED UPON YOUR COMPLIANCE AND ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS (THE “TERMS OF USE”).


LEGAL AGREEMENT

The Terms of Use constitute a legal agreement between you and Katie Button Restaurants, LLC, a North Carolina limited liability company which is the owner and operator of the website for Katie Button Restaurants, including pages for the Nightbell, Cúrate, and Button & Co. webpages, as well as the website for Cúrate Trips and the website for the Cúrate cookbook (collectively, “Website”). Unless otherwise amended as set forth herein, the Terms of Use will be the complete and exclusive understanding and agreement between the parties governing your access to and use of the Website and will supersede any oral or written proposal, agreement, or other communication between the parties, regarding your access to and use of the Website.

ELIGIBILITY

By accepting the Terms of Use, you represent and warrant that you have reached the age of eighteen (18), are able to form legally binding contracts, and have the right, authority, and capacity to agree and abide by the Terms of Use.

REPRESENTATIONS AND WARRANTIES

You represent, warrant, and covenant that you will not transmit, distribute, or otherwise publish through the Website any materials which restrict or inhibit any other user from using and enjoying the Website; are unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or indecent; constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate the law; violate, plagiarize, or infringe the rights of any third party including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other right of any third party; contain a virus or other harmful or potentially harmful component; contain any information advertising of any kind; and/or constitute or contain false or misleading indications of origin or statements of fact.

AGREEMENT UPDATES

Katie Button Restaurants reserves the right, at any time, to modify, alter, or update the Terms of Use without prior notice. Modifications shall become effective immediately upon being posted on the Katie Button Restaurants Website. Your continued use of the Website after amendments are posted constitutes an acknowledgment and acceptance of the Terms of Use and its modifications. Except as provided in this paragraph, the Terms of Use may not be amended. The Terms of Use operate to the fullest extent permissible by law. If any provision herein is unlawful, unenforceable, or void, that specific provision is deemed severable from the Terms of Use and does not affect the validity and enforceability of any remaining provisions.

SUBMISSION OF INFORMATION

You will be required to provide information about yourself in order to use certain parts of the Website. You agree that any such information shall be accurate.

SYSTEM REQUIREMENTS

Use of the Website requires one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Website involves hardware, software, and Internet access, your ability to use the Website may be affected by the performance of these factors. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility.

CHANGES TO THE WEBSITE

Katie Button Restaurants reserves the right to modify or cease providing the Website (or any part thereof), either temporarily or permanently, at any time or from time to time, with or without prior notice to you. Without limiting the foregoing, Katie Button Restaurants may post on our Website notice of such changes to the Website. It is your responsibility to review our Website for any such notices. You agree that Katie Button Restaurants shall not be liable to you or any third party for any modification or cessation of the Website.

TRADEMARKS AND COPYRIGHTS

Trademarks, service marks, logos, and copyrighted works (hereinafter, “intellectual property”) appearing as part of the Website and/or associated services are the property of Katie Button Restaurants. Katie Button Restaurants retains all rights with respect to any of its intellectual property appearing in the Website. All contents of the Website are: Copyright 2018 Katie Button Restaurants, LLC, all rights reserved.

THIRD PARTY WEBSITES

The Website may provide links to third-party sites that are not under the control of Katie Button Restaurants, and Katie Button Restaurants is not responsible for any content on any linked site. If you access a third-party site through the Website, then you do so at your own risk. Katie Button Restaurants provides links only as a convenience, and the inclusion of the link does not imply that Katie Button Restaurants endorses or accepts any responsibility for the content on those third-party sites.

LIMITATIONS ON USE

The Website is for your personal and non-commercial use only. You will not reproduce, resell, or distribute the Website for any purpose. You will not offer or use the Website on a timeshare basis, use the Website to generate income, or use the Website for the development, production, or marketing of a service or product substantially similar to the Website. You shall not engage in any activity or use the Website in any manner that could damage, disable, overburden, impair, or otherwise interfere with or disrupt the Website.

DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. KATIE BUTTON RESTAURANTS DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, KATIE BUTTON RESTAURANTS MAKES NO WARRANTY THAT (I) THE WEBSITE WILL MEET YOUR REQUIREMENTS, INCLUDING BUT NOT LIMITED TO SATISFYING REQUIREMENTS OF THE ACTIVITIES FOR WHICH YOU ARE USING THE WEBSITE; (II) YOUR USE OF THE WEBSITE WILL BE TIMELY, UNINTERRUPTED, OR ERROR-FREE; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KATIE BUTTON RESTAURANTS OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT KATIE BUTTON RESTAURANTS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR WEBSITE, OR OTHER INTANGIBLE LOSSES (EVEN IF KATIE BUTTON RESTAURANTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE WEBSITE; (II) ANY CHANGES MADE TO THE WEBSITE OR ANY TEMPORARY OR PERMANENT CESSATION OF THE WEBSITE OR ANY PART THEREOF; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; AND (IV) ANY OTHER MATTER RELATING TO THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE. IN SUCH CASES, KATIE BUTTON RESTAURANTS LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW. IN NO EVENT WILL THE COLLECTIVE LIABILITY OFKATIE BUTTON RESTAURANTS  AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, MANAGERS, AND MEMBERS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED $100.

OBJECTIONABLE MATERIAL

You understand that, by using the Website, you may encounter material that you may deem to be offensive or objectionable and that such content may or may not be identified as objectionable material. Nevertheless, you agree to use the Website at your sole risk, and Katie Button Restaurants shall have no liability to you for material that may be found to be offensive or objectionable.

FORCE MAJEURE

In addition to any excuse provided by applicable law, Katie Button Restaurants shall be excused from liability related to the Website arising from any event beyond Katie Button Restaurants reasonable control, whether or not foreseeable by either party, including but not limited to: war, fire, accident, adverse weather, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

INDEMNIFICATION

To the fullest extent permitted under law, you agree to indemnify, defend, and hold harmless Katie Button Restaurants and its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys’ fees) arising from your use of the Website, your violation of the Terms of Use, or the infringement or violation by you or any other user of your account of any intellectual property or other right of any person or entity.

PRIVACY POLICY

Click here or direct your web browser to https://KatieButtonRestaurants.com/privacy-policy/ to view a copy of Katie Button Restaurants current privacy policy (the “Privacy Policy”). By accessing or using the Website, you expressly consent to the use and disclosure of your personally identifiable information as described in the then current Privacy Policy. Notwithstanding anything in the Privacy Policy, Katie Button Restaurants will have the right to collect, generate, extract, compile, synthesize, and analyze non-personally identifiable data, information and other content resulting from or arising from your use of and access to the Website. All such data, information, and other content will be solely owned by Katie Button Restaurants and may be used by Katie Button Restaurants for any lawful business purpose without a duty of accounting to you, provided that the data, information, and other content is used only in an aggregated form, without directly identifying you.

ASSIGNMENT

Neither the Terms of Use nor any of your rights or obligations hereunder may be assigned, transferred, or delegated by you in whole or in part, by operation of law or otherwise, without the prior written approval of Katie Button Restaurants. Any assignment, transfer, or delegation in derogation of the foregoing shall be null and void. Katie Button Restaurants may assign, transfer, or delegate the Terms of Use, any obligation or right hereunder, or any portion hereof at any time without notice to you.

EXPORT RESTRICTIONS

You acknowledge that the Website, or portion thereof, may be subject to the export control laws of the United States. You will not export, re-export, divert, transfer or disclose any portion of the Website or any related technical information or materials, directly or indirectly, in violation of any applicable export law or regulation.

CHOICE OF LAW AND FORUM

The Terms of Use shall be governed by and construed under the laws of the State of North Carolina as applied to agreements entered into and to be performed in North Carolina by North Carolina residents. The parties consent to the exclusive jurisdiction and venue of the courts located in and serving Buncombe County, North Carolina.

WAIVER

Failure by either party to exercise any of its rights under, or to enforce any provision of, the Terms of Use will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision.