Terms & Conditions
Last Updated: January 29, 2020
Urban Plates reserves the right to change or modify these Terms or any policy or guideline of the Site or Services, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions to the Sites, or when you connect to the Services, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Site or Services will confirm your acceptance of such changes or modifications; therefore, you should frequently review these Terms and applicable policies to understand the terms and conditions that apply to your use of our Site or Services. If you do not agree to the amended terms, you must stop using the Site or Services.
Except as expressly indicated otherwise, contents, materials, and other information found on this Site may not be copied, distributed, republished, uploaded, downloaded, posted or transmitted in any way, without the prior written consent of Urban Plates.
COPYRIGHT AND TRADEMARK
All contents and materials on this Site are protected as the copyrights, trade dress, trademarks and/or other intellectual properties owned by Urban Plates or by other parties that have licensed their material to us. You may not use, copy, republish, duplicate, frame, or use any of the contents or materials on this Site without Urban Plates’ express written consent. If you print, copy, modify, download or otherwise use or provide any other person with access to the Site in violation of these Terms, your right to use the Site will cease immediately, and you must, at Urban Plates’ option, return or destroy any copies of the materials or content you have made. All rights not expressly granted are reserved.
Your use of the contents and materials included on this Site is for informational and noncommercial purposes only. You agree not to distribute, publish, transmit, modify, display or create derivative works from or exploit the contents or materials of this Site in any way. Urban Plates does not warrant the accuracy, completeness or usefulness of this information provided on the Site. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents. You acknowledge that unauthorized use of the contents or materials from this Site could cause irreparable harm to Urban Plates, and that in the event of an unauthorized use Urban Plates shall be entitled to equitable relief, including without limitation, injunctive relief and specific performance (without being required to obtain a bond or post other security or prove actual damages), in addition to any other remedy available at law or in equity.
You agree not to introduce a virus, Trojan horses, worms, logic bombs or other component that is malicious or technologically harmful, or otherwise tamper with, impair or damage the Site or Services, or interfere with any person or entity’s use or enjoyment of the Site or Services, including attacking the Site or Services via a denial-of-service attack or distributed denial-of-service attack. You agree that you are and shall remain solely responsible for the content of any submissions that you may make to this Site or through the Services, and that you will not submit materials that are unlawful, defamatory, abusive or obscene. You agree not to use any robot, spider, or other automatic device, process or means to access the Site or Services for any purpose, including monitoring or copying any of the material on the Site or Services. You further agree not to submit anything to the Site or through the Services that may violate any rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights.
Urban Plates does not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or menu items, product enhancements, processes, recipes, materials, marketing plans or new product names. Please do not send any original creative artwork, suggestions or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Urban Plates’ products or marketing strategies might seem similar to ideas submitted to Urban Plates. So, please do not send your unsolicited ideas to Urban Plates or anyone at Urban Plates.
If, despite our request that you not send us your ideas, you still submit them, then regardless of what your letter says, the following terms shall apply to your submission. You agree and warrant that: (1) the submission will immediately become the sole and exclusive property of Urban Plates without compensation to you or any other person or party; (2) Urban Plates will consider the submission to be non-confidential and non-proprietary; (3) Urban Plates shall have no obligations concerning the submission, including but not limited to, no obligation to return any materials or acknowledge receipt of any submission; (4) Urban Plates may use or redistribute the submission or its content for any purpose and in any way it chooses; and (5) the submission does not contain trade secrets or proprietary information owned by another.
PRODUCT SALES AND AVAILABILITY
Urban Plates reserves the right, without prior notice and without incurring any obligations, to discontinue or change the specifications or price of any products or services offered or mentioned on this Site.
You may not redeem an Urban Plates Complimentary Card (“Comp Card”) for cash, except to the extent required by law. Where prohibited by law (including, but not limited to the State of California), you may not use a Comp Card to pay for alcoholic beverages.
Some links on this Site will redirect you to sites not under the control of Urban Plates. The appearance of a link on this Site does not imply Urban Plates’ support or endorsement, nor is Urban Plates responsible for the content found on any linked site. You access linked sites at your own risk.
For information about how Urban Plates collects and uses personal information, see the Urban Plates https://urbanplates.com/privacy-policy.
Except with respect to principles of conflicts of laws, any dispute arising from these Terms or from any other use of this Site shall be resolved in accordance with the laws of the state of California and the prevailing party as determined by the trier of fact in any such action, proceeding, litigation or other dispute resolution forum or judicial proceeding shall be entitled to recover its reasonable attorney’s fees and costs.
You agree to indemnify, defend and hold harmless Urban Plates, and its officers, directors, employees, contractors, agents, licensors, and service providers from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (i) your use of this Site or the Services, (ii) your violation of these Terms, or (iii) your conduct in connection with the Site or Services.
DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY STATED OTHERWISE, THE SITE AND SERVICES ARE OFFERED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTY WHATSOEVER, EXPRESS OR IMPLIED. WITHOUT LIMITATION, URBAN PLATES MAKES NO WARRANTY OR REPRESENTATIONS, EXPRESS OR IMPLIED, AND HEREBY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE.
Urban Plates does not guarantee the functions contained in this Site or that the Services will be uninterrupted or error-free, that this Site, its server or Services will be free of viruses or other harmful components, or that defects will be corrected even if Urban Plates is aware of them. This Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this Site may include technical inaccuracies and typographical errors. Any use of information on this Site is at your own risk.
LIMITATION OF LIABILITY
URBAN PLATES WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY OR ARISING OUT OF YOUR USE OF THE SITE OR THE SERVICES, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURES. URBAN PLATES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENTS OR MATERIALS ON THIS SITE OR THE SERVICES, EVEN IF URBAN PLATES IS NEGLIGENT OR IF URBAN PLATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR WILL URBAN PLATES BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND ITS REASONABLE CONTROL. URBAN PLATES’ TOTAL LIABILITY FOR ANY LOSS, DAMAGES OR CAUSE OF ACTION (INCLUDING CONTRACT, TORT, STRICT LIABILITY, ETC.) SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO ACCESS THIS SITE OR SERVICES.THESE DISCLAIMERS AND LIMITATIONS DO NOT LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW.
Any provision of these Terms shall be severable to the extent that the provision, or any portion thereof, might be illegal, invalid or otherwise unenforceable. The invalidity of any provision, or portion thereof, shall not affect the enforceability of the remaining provision or provisions.
Notwithstanding any provision in these Terms, Urban Plates reserves the right, without notice and in its sole discretion, to terminate your access to all or part of the Site for any or no reason, including without limitation any violation of these Terms.
Failure or delay by Urban Plates to exercise any right, power, privilege or remedy shall not constitute a waiver thereof. No modification or waiver by Urban Plates of any provision shall be deemed to have been made unless made in writing. No waiver by Urban Plates of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such condition or a waiver of any other term or condition.
These Terms constitute the sole and entire agreement between you and Urban Plates with respect to the subject matter of these Terms and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the subject matter of these Terms.