Terms of Use
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Terms of Use

Introduction

Welcome to the amigos.flexcateringhq.com website (the “Site”), which is owned and operated by Growth Management Corporation-Nebraska (“GMC” or “we” or “us”). By visiting or otherwise using any area of the Site, or downloading, installing, or using any GMC mobile application (“Application”) with an authorized link to these Terms of Use (the “Terms”), accessing or using any content, information, services, features or resources available or enabled via the Site or Application, you unconditionally agree to follow and be bound by these Terms. All information we collect on this Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. If you do not agree with the Terms or the Privacy Policy, you must not access or use the Site. Please read the Terms carefully before you start to use the Site. The Site is offered and available to users who are 13 years of age or older and reside in the United States or any of its territories or possessions. By using the Site, you represent and warrant that you are of legal age to form a binding contract with us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

 

Intellectual Property and License

All images, photographs, animations, video, audio, music, text, the overall “look and feel” of the Site, processes, software, technology, features, functionality, and other materials that appear on or are connected to the Site (including the selection, arrangement, and compilation thereof), as well as the business processes used to market products and services (collectively, the “Content”), are owned, controlled, or licensed by GMC, one of its affiliates, or by third parties who have licensed their materials to GMC, and are protected by U.S. and international copyright, trademark, patent, trade secret, and other intellectual property laws.

GMC grants you a limited, nonexclusive, revocable license to access and use the Site for personal, non-commercial purposes only. This license does not include any right to (a) print, download, reproduce, copy, distribute, publicly display, publicly perform, republish, store, transmit, or modify the Site or the Content or any portion or derivative thereof (other than printing limited copies for personal, non-commercial use, automatic caching, and temporary RAM storage of Site materials incidental to viewing of or access to the Site); (b) resell or commercially use any collection or any product listings, descriptions, or prices (unless you have a business relationship with us that authorizes such use); (c) create derivative works of this Site or the Content; (d) download or copy any account information for the benefit of another merchant; (e) frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of GMC; (f) use any metatags or any other “hidden text” utilizing GMC’s name or trademarks; or (g) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site. You must not access or use for any commercial purposes any part of the Site or any goods, services, or materials available through the Site.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms, your right to use the Site will cease immediately and you must immediately return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any Content is transferred to you, and all rights not expressly granted are reserved by us and/or our affiliates and third-party licensors. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

The GMC names and logos and all related names, logos, product names, service names, designs, and slogans are the trademarks or service marks of Growth Management Corporation-Nebraska or its affiliates. You must not use such marks without the prior written permission of GMC. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo, or mark in any manner.

 

Site Access

We reserve the right to withdraw or amend this Site, and any good or service we provide through the Site or any Content on the Site, in our sole discretion without notice. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.

To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with this Site or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. By using this Site, you agree to be bound by our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time, including if, in our opinion, you have violated any provision of these Terms.

 

Accessibility

We are committed to providing access to our Site for individuals with disabilities. We strive to keep up with industry standards regarding accessibility of the Site. The Site was designed to satisfy the Web Content Accessibility Guidelines 2.1, W3C World Wide Web Consortium Recommendation (latest version at http://www.w3.org/TR/WCAG21/).  Whether you are using assistive technologies like a screen reader, a magnifier, voice recognition software, or captions for videos, our goal is to make your use of our technology a successful and enjoyable experience.  If you encounter a problem using or accessing any element of this Site or any of our mobile apps or tools, or would like to provide feedback regarding how we can better accommodate your use of the Site, please contact us and we will work with you to provide the information, item or transaction you seek through a communication method that is accessible for you consistent with applicable law (for example, through telephone support). Please indicate the nature of your accessibility problem, the preferred format you would like to receive Site material, the web address of the inaccessible material, and your contact information so that we may respond in a manner most helpful to you.

 

Age of Users

Our Site is not intended for children under 13 years of age. No one under age 13 may provide any personal information to or on the Site. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Site, make any purchases through the Site, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have inadvertently and without authorization obtained any information from a child under 13, please contact us.

Individuals who are age 13 or older but under the age of 18 (a “Permitted Minor”) are only allowed to use the Site with the supervision of a parent or legal guardian who agrees to be bound by this Privacy Policy. If we learn we have collected or received personal information from a Permitted Minor without the supervision or consent of a parent or legal guardian, we will delete that information. If you believe we might have inadvertently obtained any information from a Permitted Minor without parental consent, please contact us.

California residents under 16 years of age may have additional rights regarding the collection and sale of their personal information. Please see “Your California Privacy Rights” below for more information.

 

Other Businesses

Parties other than GMC may operate stores, provide services, or sell product lines on this Site. In addition, we may provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not monitor, endorse, warrant, or make any representations with respect to the offerings of, any of these businesses or individuals or the content of their websites. GMC does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other terms and conditions of use. Your use of all third party links is at your own risk.

 

User Contributions

The Site may contain feedback, submissions, stories, and other user features (collectively, “User Services”) that allow users to post, submit, publish, display, or transmit (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Site. All User Contributions must comply with the Content Standards set out in these Terms.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant us and our affiliates, licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material, consistent with the terms of our Privacy Policy.

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above.
  • All of your User Contributions do and will comply with these Terms.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not us, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Site.

 

Monitoring and Enforcement; Termination

We have the right to:

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

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND AGREE TO HOLD HARMLESS GMC AND ITS AFFILIATES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

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

 

Content Standards

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

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

If you believe that any User Contributions violate your copyright, please see the “Copyright Issues” section of these Terms for instructions on sending us a notice of copyright infringement. It is the policy of GMC to terminate the user accounts of repeat infringers.

 

Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:

·       In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).

·       For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

·       To transmit, or procure the sending of, any advertising or promotional material, including without limitation any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.

·       To impersonate or attempt to impersonate GMC, a GMC employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).

·       To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm GMC or users of the Site or expose them to liability.

·       To access data not intended for your use or to log onto a server or an account which you are not authorized to access.

·       Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real-time activities through the Site.

·       Impose or attempt to impose (in the sole discretion of GMC or its suppliers affected by your action) an unreasonable or disproportionately large load on GMC’s infrastructure, or the bandwidth or infrastructure of the company that hosts the Site.

·       Use any robot, spider, scraper, crawler, or other automatic device, process, or means to navigate, access, or search the Site for any purpose, including monitoring or copying any of the material on the Site, other than generally available third-party web browsers such as Microsoft Internet Explorer™, Google Chrome™, and Mozilla Firefox™.

·       Use any manual process to monitor or copy any of the material on the Site for any unauthorized purpose without our prior written consent.

·       Bypass the robot exclusion protocol or other measures on the Site or on the host servers that may be used to prevent or restrict access.

·       Use any device, software, or routine that interferes with the proper working of the Site.

·       Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

·       Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.