Last updated September 2021
IF YOU DO NOT AGREE WITH ALL OF THE TERMS HEREIN, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING OUR SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of these Terms at the top of this section, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Site after the date such revised Terms are posted.
David Ellis Delivery is an affiliate of David Ellis Events. We provide a way for customers to have delicious food delivered to them in the comfort of their homes. We post weekly menus that customers can order from, such as for weekly meals, holidays, or special at-home occasions.
The Site is intended for users who are at least 18 years old or otherwise have the permission of their parent(s) or legal guardian(s) to access the Site.
1. Indemnity by You
You agree to defend, protect, indemnify and hold David Ellis Delivery, its subsidiaries, affiliates, officers, agents, predecessors and successors in interest, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, arising out of or related to:
- your use of the Site;
- your use of our services;
- a breach of these Terms;
- any third-party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from your use of the Site, and/or your making available thereof to other users of the Site;
- any activity related to your use of the Site, be it by you or by any other person with or without your consent unless such activity was caused by the act or default of David Ellis Delivery.
2. Prohibited Uses of the Site
The Site and services related to the Site are intended for your own or your business’ own use. By using the Site, you agree not to:
- Reproduce, copy, modify in any material manner, or remove our proprietary marks, logos or notices;
- Reverse engineer the Site;
- Harm, as determined in our sole discretion, David Ellis Delivery, the integrity or functionality of the Site, other users or third parties;
- Harm, as determined in our sole discretion, other users’ use and/or experience with the Site with, including but not limited to, the uploading of malicious software, viruses, spyware, malware, cookies, bugs, keyloggers, or any other materials which are expressly prohibited;
- Use the Site in connection with any legal matters that are frivolous, immaterial, illegal, lack merit, involve the laws of foreign legal jurisdictions, or have been pursued for an excessive or unreasonable amount of time as determined by us;
- Use the Site in connection with perpetrating, aiding or abetting a crime or fraudulent activity;
- Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
- Trick, defraud, or mislead us and other users of the Site;
- Make improper use of our support services or submit false reports of abuse or misconduct;
- Use any information obtained from the Site in order to harass, abuse, or harm another person;
- Use any information obtained from the Site in order to make any statement or take any action that is in violation of any user’s civil or other rights;
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site;
- Engage in any automated use of the Site, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
- Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site;
- Use the Site or any related services in a manner that violates any applicable law, regulation or this agreement;
- Permit any third party to use the Site in a manner that violates any applicable law, regulation or this agreement.
3. David Ellis Delivery Customer Satisfaction Policy
David Ellis Delivery strives towards customer satisfaction with the Site and related services we provide. If you purchase any service through us and are not satisfied, please contact us (see below for contact details) and we will work with you to rectify your experience.
4. Intellectual Property Rights
Except as expressly set forth in these Terms, nothing contained herein shall be construed as conferring any license or right, by implication or otherwise, under any of our copyrights or other intellectual property rights. You agree that this Site and our content is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
This Site may include various product names, business names, logos, slogans and other marks in which we have a registered trademark interest or other protectable interest (collectively “David Ellis Delivery’s Property”). It may also include product names, business names, logos, slogans and other marks in which others have a protectable interest (collectively “Other Materials”). You may not copy, download, display, distribute, modify or sublicense any of David Ellis Delivery’s Property or Other Materials on the Site without the prior express written permission of the appropriate owners.
5. Limitation of Liability
In no event will we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the Site, or use thereof. Nothing contained in the Site or in any written or oral communications from David Ellis Delivery or its employees or agents shall be construed to make any promise, covenant, warranty, or guaranty, all of which are explicitly disclaimed hereby, contrary to the statements and disclaimers contained in this paragraph.
The content and functionality on the Site are offered “as is” without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
We make no warranties, express or implied, as to the ownership, accuracy, completeness or adequacy of the Site content or the related services therein or that the functionality of the Site will be uninterrupted or error-free or free from virus or third-party attack. You hereby acknowledge that your use of the Site is at your sole risk.
UNDER NO CIRCUMSTANCES SHALL DAVID ELLIS DELIVERY, ITS OFFICERS, OWNERS, EMPLOYEES OR AGENTS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICES OR THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE, EVEN IF DAVID ELLIS DELIVERY HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL DAVID ELLIS DELIVERY HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THE AGREEMENT, THE SITE OR RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO: LOST PROFITS, LOST DATA, LOSS OF GOODWILL, COPYRIGHT INFRINGEMENT, WORK STOPPAGE, EQUIPMENT FAILURE OR MALFUNCTION, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY OTHER DAMAGES OR LOSSES, EVEN IF DAVID ELLIS DELIVERY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED.
In the event that any of the foregoing limitations are deemed to be unenforceable, to the greatest extent permitted by law, you agree that the entire aggregate liability of David Ellis Delivery and sole remedy available to any user in any case in any way arising out of or relating to the Terms, the Site or related services shall be limited to monetary damages that in the aggregate may not exceed the greater of $250.00 or the sum of any amount paid by the user to David Ellis Delivery during the six (6) months prior to notice to David Ellis Delivery of the dispute for which the remedy is sought, whichever amount is lesser.
6. User Submitted Content
Our website and/or social media accounts may from time to time permit customers to post images, audio, text, video, links to other sites, or other content (collectively “User Content”). Neither David Ellis Delivery nor any of its affiliates endorses these entities or individuals, nor are we in any way associated with any of the materials that they may post. David Ellis Delivery shall not have any responsibility or liability of any nature whatsoever arising in connection with any materials provided by these entities or individuals, or in connection with any conduct of these entities or individuals.
Each customer who posts any User Content acknowledges and agrees that we have the right, in our sole discretion, to take down or remove or alter any and all User Content we deem inappropriate, illegal or otherwise offensive. Any user who posts any User Content hereby represents that such User Content does not violate any third-party intellectual property rights and further grants us a license to show and make this content accessible on the Site at our sole and absolute discretion. By posting any User Content to the Site, you hereby agree to indemnify us from any damages and claims related to the User Content, including but not limited to any infringement, misappropriation, libel, or other claims.
7. Site Management
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such individual to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
8. Modification and Interruptions
We reserve the right to change, modify, or remove the content on the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
9. Electronic Communications, Transactions, and Signatures
Visiting and using the Site, sending us e-mails or other electronic messages, and filling in requested information constitute electronic communications. By virtue of taking any of these actions, you consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via e-mail and on the Site, satisfy any legal requirement that such communications be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdictions which require an original signature or delivery or retention of non-electronic records.
10. Term and Termination
These Terms shall remain in full force and effect while you use the Site. Without limiting any other provision of these Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site (including blocking access), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms or any applicable law or regulation. We may terminate your use of or participation in the Site at any time, without warning, in our sole discretion.
11. Severability Waiver
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term. In addition, our failure to enforce any term shall not be deemed as a waiver of such term or otherwise affect our ability to enforce such term at any point in the future.
12. Governing Law
These Terms and our legal obligations hereunder are subject to the laws of the State of New Jersey, regardless of your location. You hereby consent to the exclusive jurisdiction of and venue in the federal and state courts located in New Jersey, United States of America, in all disputes arising out of or relating to the Site.
13. Attorney Fees
In the event that David Ellis Delivery is successful in whole or in part in any action or proceeding related to or arising from these Terms, you shall be responsible for our attorneys’ fees and costs.
These Terms and any policies or operating rules posted by us on the Site or with respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Site. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
For questions or concerns, we can be contacted at firstname.lastname@example.org, or, by sending written correspondence to:
David Ellis Delivery
1121 Springfield Road
Union, New Jersey 07083.