Terms & Conditions
OVERWOOD CATERING AND EVENTS, CORP. D/B/A OVERWOOD ARTISAN PLATTERS, a Florida corporation (hereinafter, “Overwood Catering”, "we" or the “Company”), and its website, (hereinafter referred to as, the “Website” or the “Site”), provides its products and services to you subject to the following conditions. Please read these Terms and Conditions (the “Terms”) carefully before accessing or using the Site. By accessing, registering for or using the Site, or purchasing products or services through the Site, you agree to be bound by these Terms and Conditions, which are as follows:
Where appropriate, Overwood Catering is referred to below as “we,” “us,” “our,” or “Company.” The term “you” refers to the user, subscriber or viewer of our website.
PERMISSIBLE USE OF WEBSITE
You agree that:
(a) Your use of the Overwood Catering Site is subject to and governed by these terms and conditions;
(b) Only persons at least 18 years of age may access or use the Website or transact business with Overwood Catering;
(c) You will comply with and be bound by these terms and conditions in their then-current form as they appear on the Website each time you access and use the Overwood Catering Site;
(d) Each visit to Overwood Catering by you indicates and confirms your assent and agreement to be bound by our terms and conditions; and
(e) These terms and conditions are a legally binding and enforceable agreement between yourself and Overwood Catering.
You agree not to use or attempt to use Overwood Catering for any purpose that:
(a) is in any way unauthorized, unlawful or prohibited, or that is harmful or destructive to Overwood Catering or any third party;
(b) transmits any advertisements, solicitations, schemes, spam, flooding, unsolicited e-mail, or other unsolicited commercial communications;
(c) transmits any harmful or disabling computer codes, spyware, adware or viruses;
(d) interferes with Overwood Catering’s network services;
(e) attempts to gain unauthorized access to Overwood Catering’s network services or proprietary information;
(f) impairs or limits Overwood Catering’s ability to operate the Site or any other person’s ability to access and use the Site;
(g) uses any methods, means, or devices to access the Site or cause access to the Site for purposes of manipulating the results of any Internet search engine, or for any other purpose other than conducting business with Overwood Catering;
(h) unlawfully impersonates or otherwise misrepresents your affiliation with any person or entity;
(i) harms minors in any way, including, but not limited to, uploading content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
(j) uploads pornographic, violent, obscene, sexually explicit, discriminatory, hateful, threatening, abusive, defamatory, offensive, harassing, or otherwise objectionable content or images;
(k) harms, threatens, harasses, abuses or intimidates another person in any way or involves images or content that depicts, promotes, encourages, indicates, advocates or tends to incite the commission of a crime or other unlawful activities;
(l) dilutes or depreciates the name and reputation of Overwood Catering or any of its officers, agents, representatives or affiliates;
(m) uploads any content or images that infringes any third party’s intellectual property rights or infringes any third party’s right of privacy; and/or
(n) unlawfully uploads any confidential, proprietary or trade secret information.
Overwood Catering reserves the right to establish general practices and limits concerning use of the Site, including without limitation restrictions relating to services requested, the maximum number of days that messages, postings or other uploaded Content will be retained by the Site, the number of times you can edit a service request, the maximum size of any message that may be sent from or received by an account on the Site, the type and quantity of transactional data stored and presented in connection with your account, and the maximum disk space that will be allotted on Overwood Catering’s servers on your behalf. You agree that Overwood Catering has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted on the Site.
Transactions involving Alcohol
Alcohol sales are not currently offered. This section applies only if and when Overwood Catering reintroduces the sale of alcoholic beverages as an active service.
Overwood Catering & Events, Corp d/b/a Overwood Artisan Platters does not sell alcohol to persons under the age of 21. Alcoholic beverages (including but not limited to beer, wine, cider, and spirits) may only be purchased by consumers who are 21 or older. [Remainder of original clause unchanged, ID verification requirements, delivery restrictions, and misrepresentation consequences all still apply as written whenever this service is active.]
REVOCATION OF USER RIGHTS
Overwood Catering reserves the right at all times, in its sole and absolute discretion and without notice to you, to deny your access to and use of the Overwood Catering Site. You may not use Overwood Catering or any affiliated Site to transmit unsolicited e-mail to this Site or to anyone whose e-mail address is included under the domain name of Overwood Catering or any affiliated Site. Violation of these Terms and Conditions may result in a variety of actions, including cancellation of your order, limits on account privileges, and forfeiture of fees paid to Overwood Catering.
You agree and acknowledge that it is your sole responsibility and liability, to provide, obtain and maintain all of the hardware, software, electrical power, telecommunications, Internet services, and other products or services necessary to access and use Overwood Catering.
BILLING
Overwood Catering offers a selection of pre-set product packages and à la carte items through the Website, available to all visitors. No account or registration is required to place a standard order — orders can be placed as a guest. (The only exception is the Overwood Rewards Program, which is optional and has its own registration process — see the Rewards Program section.)
By placing an order, you authorize us to charge your selected Payment Method for the order total, plus any applicable service fees, at the time of purchase. All fees and charges are billed upfront at the time of ordering and are fully earned upon receipt of your order. Prices and charges are subject to change with notice prior to placing your order. We may change fees or add new fees from time to time and will provide advance notice via the Website and/or email. Orders are billed in advance.
Payments are non-refundable unless the order is cancelled at least 24 hours prior to delivery (see Cancellations section); there are no other refunds, exchanges, or credits of any kind, except as otherwise stated in these Terms.
- Cancellation
You may cancel or change your order at any time by emailing us at info@overwoodartisanplatters.com or calling (786) 333-9291. Email is usually the fastest way to reach us. However, to receive a refund, your cancellation must be made at least 24 hours before your scheduled delivery time. A transaction fee of 3.5% will be deducted from your total refund. Cancellations made within 24 hours of the scheduled delivery time are not eligible for a refund, exchange, or credit of any kind, as your order is likely already in progress.
- Advanced Payment for Services. Orders are billed in advance.
USER SUBMITTED CONTENT
You, and not Overwood Catering, are entirely responsible for all publicly accessible Content that you upload, promote, sell, transfer, or otherwise convey or transmit via the Site. You expressly acknowledge and agree that your submission of Content for use by the Site (if posted on a public forum), if accepted by Overwood Catering in its sole discretion, will be accessible to the public, and that there is no confidentiality or privacy with respect to your Content, including any personally identifying information that you may make available relating thereto. We will maintain information provided to us outside of a public forum (such as placing orders and registration to the Site) private in compliance with our Privacy Policy.
Overwood Catering does not pre-screen Content, but reserves the right in its sole discretion to remove any Content that is made publicly available by you via the Site. Overwood Catering reserves the right to remove any Content for any reason, including without limitation, Content that reasonably appears to violate our Terms and Conditions or is otherwise objectionable.
By uploading Content to our Site, you agree:
(i) All information submitted for to the Site will be genuine and authentic, and any indicated origin, source, creator, manufacturer, and/or provenance will be true and accurate;
(ii) That you own or have the necessary licenses, rights, consents and permissions ("Rights") to your Content and any other works that you incorporate into your Content, and you authorize and license Overwood Catering to use your Content in the manner contemplated in these Terms and Conditions; and
(iii) That you will provide true, accurate, current and complete information, and to make any and all disclosures required under applicable law.
By submitting your Content to Overwood Catering, you hereby grant Overwood Catering and its affiliates a worldwide, perpetual, royalty-free, non-exclusive, sub-licensable and transferable rights and licenses to (i) host, cache, store, archive, index, crawl, create algorithms based on, or modify your Content to appropriate media formats or mediums in any and all forms and by whatever means; (ii) to use, license, sell, digitize, stream, store, distribute, exhibit, reproduce, display, modify, adapt, edit, excerpt, communicate, translate, prepare derivative works and compilations of, compress, transmit, integrate, insert, market and promote your Content in any and all forms and media and by whatever means, and to exploit any and all rights relating thereto and derived therefrom; and (iii) to use your Content, in whole or in part, for and in connection with advertising, promotional or commercial purposes, including without limitation, the right to publicly display, reproduce and distribute your Content in any and all forms and media and by whatever means whether now known or hereafter devised or created, to exploit any and all rights relating thereto and derived therefrom, and to retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights.
CATERING ORDERS
By submitting a catering order via Overwood Catering's Site, you agree to pay Overwood Catering's fees as provided to you by Overwood Catering. Overwood Catering reserves the right to reject your order for any reason. Your personal information will only be offered to third party service providers who are in in full compliance with Overwood Catering's Privacy Policy. Additionally, service providers are prohibited from sharing user information with third parties or using this information for any purpose other than communicating with you about the service request, unless expressly permitted to do so by you.
The placement of an Overwood Catering order does not constitute a binding agreement for Overwood Catering to provide products or services until accepted by both parties. You agree that we may communicate with you via Text Message or email, or by phone about your order. All such actions should be conducted pursuant to local state, federal or county laws.
GRAZING TABLE SERVICE
All food should be consumed within 1 hour of delivery if left unrefrigerated, or within 3 hours if refrigerated, after which Overwood Catering will not be accountable for the freshness of the food. Overwood Catering is not responsible for the removal or disposal of food waste post-event.
Grazing table bookings require a non-refundable booking deposit, starting at $250 depending on order total, to secure your date. Deposits are non-refundable under any circumstance, including cancellations, changes of plans, or unforeseen circumstances. Final payment is due at least 3 days before your event date to avoid cancellation. If you need to reschedule, your payment can be applied to a new date, provided we're notified at least 72 hours before your originally scheduled event. Outside of an approved reschedule, there are no other refunds, exchanges, or credits.
Please allow 1 to 2 hours for us to set up, depending on the size and requirements of your grazing table. Should a take-down service be required, please allow approximately 1 hour to tidy, clean, and clear.
Overwood Catering does not supply plates, cutlery, or napkins. Disposable cutlery and paper napkins can be supplied at an additional cost. Should you require ceramic plates and metal cutlery, please contact us for a quote.
Our catering is self-service only. If you require staff during your event to help top up or keep the table tidy, please let us know and we will quote accordingly.
A separate, refundable deposit is required for any service that involves the use of our wares (plates, serving pieces, etc.), starting at $100 depending on the items hired. This is distinct from the non-refundable booking deposit above.
DELIVERY
By clicking the "Place Order" button at the end of the order process, you consent to be bound by these Terms and Conditions, as well as any additional terms appearing elsewhere on our Site. Submitting your order is subject to our acceptance; we are not bound by a contract with you until you receive our confirmation email. We will send an email confirmation with your order details, including your selected one-hour delivery window, to the email address you provide.
All orders will be delivered within the delivery window selected at checkout and confirmed in your confirmation email. To avoid delivery problems, please ensure your address, ZIP code, phone number, and email address are accurate and complete, and include any gate access code if applicable.
If you're available at the time of delivery, our driver will hand your order directly to you, and the sale becomes final upon delivery. If no one is available, we'll leave your order in a safe spot and send a photo confirming delivery. Once delivered, Overwood Catering is no longer responsible for the freshness or condition of your order.
Complaints regarding missing or incorrect items must be submitted within 2 hours of delivery. Please check your order carefully, no credits, refunds, or exchanges will be issued for complaints submitted after this window.
CANCELLATION
If you wish to change or cancel your order, please email us at info@overwoodartisanplatters.com or call (786) 333-9291, email is usually the fastest way to reach us. Changes or cancellations must be made at least 24 hours before your estimated delivery time to receive a refund. A transaction fee of 3.5% will be deducted from your total refund. Cancellations made within 24 hours of the scheduled delivery time are not eligible for a refund or exchange.
NATIONWIDE SHIPPING
Nationwide shipping is not currently offered. This section applies only if and when Overwood Catering reintroduces nationwide shipping as an active service.
We will deliver your order as promised using any effective shipping service available. Quantities are limited, and orders are subject to availability. If an item becomes unavailable after your order is placed, we may substitute an item of equal or greater value. Because adverse conditions can sometimes affect shipments, we may need to ship your order earlier than scheduled to guarantee on-time delivery. We cannot accept returns of any food products, as they are considered final sale items.
SUBSCRIPTIONS
Subscription plans are not currently offered. This section applies only if and when Overwood Catering reintroduces subscription plans as an active service.
We offer recurring subscription plans, including weekly, monthly, quarterly, and annual options. All subscriptions automatically renew at the end of each billing cycle unless canceled in accordance with the Cancellations section of these Terms. You must be at least 18 years of age and reside in a location we deliver to in order to subscribe. By subscribing, you authorize Overwood Catering and Events, Corp d/b/a Overwood Artisan Platters to charge your selected payment method for the full price of the subscription at the beginning of each billing cycle. Subscriptions are billed on a recurring basis on the 5th day of each month (or the closest business day). Prepaid plans are billed in full at the time of purchase and automatically renew unless canceled prior to renewal. If payment is declined, we may attempt to process the charge up to three times; continued payment failure may result in suspension or cancellation of your subscription.
We currently deliver to certain ZIP codes in South Florida. If your location falls outside this area, we reserve the right to cancel your subscription order and issue a refund. Subscription platters are typically delivered Wednesday through Saturday each week; delivery times may vary based on location, availability, weather, or other unforeseen circumstances. Our platters contain perishable food items, it is your responsibility to ensure timely receipt and appropriate storage upon delivery. We are not liable for items spoiled due to delayed receipt or incorrect delivery information provided by you.
You may cancel your subscription at any time by contacting customer support at least 5 days prior to your next billing date to avoid being charged for the next cycle. All subscription sales are final due to the nature of the product, no refunds will be issued for platters already billed or prepared. Changes to your subscription (plan type, delivery address, etc.) must be made before the 25th of the month to apply to the next cycle. If you receive a damaged item or are missing an item, you must notify us within 2 hours of delivery with photos and a description of the issue; we may issue a replacement or partial store credit at our sole discretion. We reserve the right to suspend or terminate a subscription at any time without notice if we believe these Terms are being violated, or in cases of fraud or misuse.
CORPORATE RECURRING ORDERS
Overwood Catering offers custom recurring order arrangements for corporate clients. These arrangements are established individually with each client and are governed by the specific terms agreed upon at setup, which may differ from the standard terms in this document. For more information, contact us at info@overwoodartisanplatters.com or (786) 333-9291.
PRODUCTS
Given the perishable, market-sourced nature of our ingredients, we reserve the right to adjust ingredient quantities, discontinue an ingredient or product, or substitute ingredients, occasionally including an entire platter, without notice, due to availability or supply conditions beyond our control. We make every effort to provide the best available ingredients, and where a substitution is necessary, we'll make reasonable efforts to notify you before delivery.
It's your responsibility to inform us of any dietary requirements well in advance. We'll make every effort to accommodate them, though this may not always be possible, and pricing may vary depending on the request.
It's also your responsibility to inform us of any food allergies or intolerances well in advance. Our platters may contain gluten, dairy, preservatives, soy, additives, peanuts, tree nuts, seafood, shellfish, eggs, capsicum, and sesame seeds. Our platters are not prepared in an allergen-free environment. While we may be able to label items containing possible allergens upon request, there is a risk of cross-contamination. Anyone with a food allergy should refrain from consuming our products.
We make every effort to display our products accurately on our Website; however, actual colors and appearance may vary slightly depending on your device's display settings, and we cannot guarantee an exact match to what you see online.
In the event of a typographical error involving the price or quantity of an item listed on our Website, Overwood Catering reserves the right to refuse to fulfill any order that relies on that error.
FOOD ALLERGY DISCLAIMER
If you have any medical condition, food intolerance, or food allergy, please be aware that our platters may contain the allergens listed in the Products section above. Our kitchen is not an allergen-free environment, and although we follow strict cross-contamination policies, we cannot guarantee a total absence of these allergens in any of our meals or platters. Anyone with a food allergy should refrain from consuming our products. We will not assume liability for adverse reactions to food consumed, or to any other items an individual may come into contact with while eating our meals or platters.
Please also be advised that consuming raw, cooked-to-order, or undercooked meat, poultry, seafood, shellfish, or eggs may increase your risk of foodborne illness, particularly for individuals with certain medical conditions.
It is your responsibility to inform us of any food allergies or intolerances well in advance. While we may be able to label items containing possible allergens upon request, this does not eliminate the risk of cross-contamination.
REWARDS PROGRAM
The Overwood Rewards Program ("Program") is offered at the sole discretion of Overwood Catering & Events, Corp ("we," "our," or "us"). The Program is available to individuals for personal use only, limited to one account per individual. Corporations, associations, and other groups may not participate.
To enroll, you must provide your full name, email address, and create a password. Providing your birthday is optional but required to access certain Program benefits and rewards; your mobile phone number and mailing address are also optional. You are solely responsible for keeping your account information accurate and up to date, and may do so through the Site at any time.
Only one Program account may be associated with a single member and email address. In the event of a dispute over account ownership, the authorized account holder is deemed to be the natural person assigned to the enrolled email address by the relevant internet or email service provider.
The Program rewards loyal customers for qualifying purchases and other Program-related actions. Eligible purchases and ways to unlock loyalty tiers will be posted on the Site or communicated through other channels (e.g., marketing communications, social media). Benefits available at each tier may change over time and may be offered on a limited basis.
To earn rewards, you must be enrolled and logged into your account at the time of a qualifying purchase. Qualifying purchases exclude gift cards, sales tax, state fees, shipping and delivery charges, charitable-donation products, value sets, select premium products and services, and other items we may specify from time to time.
Accounts and rewards may not be shared or combined; only the member paying for a purchase may accumulate its rewards. We reserve the right to monitor the number of accounts per household and to refuse, merge, or close duplicate accounts at any time.
Rewards and benefits have no cash value, are non-transferable, and confer no property rights. Purchase balances will be reduced or reversed if a purchase is returned, cancelled, or found to involve fraudulent activity. We are not responsible for rewards lost, stolen, destroyed, or lost due to fraudulent activity by you or a third party. Rewards may not be sold, bartered, transferred, or assigned by anyone other than us, and any tax liability resulting from earned rewards is the member's responsibility.
We reserve the right to change Program benefits, how tiers are unlocked, how purchases are evaluated, and to place limits on eligible purchases, activities, or rewards at any time. Rewards cannot be exchanged or returned for another product, service, or monetary refund.
Products, services, and samples provided through the Program are for personal use only and may not be resold. We reserve the right, without notice, to cancel or reduce any order or benefit we believe, in our sole discretion, violates these Terms.
You may cancel your Rewards Program membership at any time by signing into your account on the Site and following the cancellation instructions, or by contacting us at info@overwoodartisanplatters.com or (786) 333-9291. Cancellation is effective immediately and applies only to your Rewards Program membership, it does not cancel or affect any pending order. To cancel or receive a refund for an order itself, see the Cancellations section above.
AUTOMATED CUSTOMER SERVICE
Overwood Catering uses an AI-powered virtual assistant to help answer questions, provide product recommendations, and assist with general customer service inquiries on our Site and other communication channels. When you interact with this assistant, you acknowledge that you are communicating with an automated system, not a human representative, unless otherwise indicated.
While we make reasonable efforts to ensure the assistant provides accurate and helpful information, responses are generated automatically and may occasionally be incomplete, outdated, or inaccurate. Information provided by our AI assistant does not constitute a binding offer, guarantee, or contractual commitment on the part of Overwood Catering unless confirmed in writing by a human representative or through your official order confirmation. In the event of any conflict between information provided by the AI assistant and these Terms and Conditions, or your order confirmation, these Terms and Conditions and your order confirmation shall govern.
You may request to speak with a human representative at any time by emailing info@overwoodartisanplatters.com or calling (786) 333-9291.
INTELLECTUAL PROPERTY RIGHTS
The marks appearing on the Overwood Catering website or any affiliated Site, including, but not limited to, Overwood Catering’s respective logos, emblems, slogans, trade dress and designs are trademarks and/or service marks of Overwood Catering (the “Marks”). You agree not to use or otherwise appropriate any of Overwood Catering’s Marks appearing on or in association with Overwood Catering or any affiliated Site. You will further indemnify Overwood Catering against any loss or damage accruing to it as a result of your unauthorized use of the Overwood Catering Marks, including the payment of any attorney’s fees.
Any third-party trademarks and/or service marks appearing on Overwood Catering are the property of their respective owners and may not be used without the express permission of those respective owners. You agree not to use or otherwise appropriate any third-party trademarks or service marks appearing on or in association with Overwood Catering, and you assume any and all liability associated with any unauthorized use. You will further indemnify Overwood Catering against any loss or damage accruing to it as a result of any unauthorized use, including the payment of any attorney’s fees.
You further acknowledge and agree that:
(a) all Marks, source code, calculations, products, materials, data, information, text, screens, functionality, services, design, layout, screen interfaces, the “look and feel”, and the operation of Overwood Catering (the “Website Content”) are protected by various intellectual property laws in the United States and abroad, including, but not limited to, copyright law, trademark law, and common law principles of trade secret and trade dress; and
(b) all rights associated with the Website Content are owned by Overwood Catering, its licensors, or third-party content providers. Furthermore, you acknowledge and agree that you do not acquire any ownership rights by downloading or viewing any Website Content. You further acknowledge and agree that you will not in any way copy, reproduce, publish, create derivative works from, perform, upload, post, distribute, transfer, transmit, modify, adapt, reverse engineer, frame in any webpage, or alter the appearance of any Website Content.
You may not use the Website Content, domain names (in whole or in part), or e-mail addresses related to or derived from Overwood Catering, nor any data, trademarks, functionality, service marks, trade names, brand names and/or logos contained within or derived from Overwood Catering, for any purpose; meaning that you may not, among other prohibited uses, use any Website Content, domain names, e-mail addresses, data, trademarks, service marks, trade names, brand names and/or logos on or derived from Overwood Catering:
(a) in or as any meta-tag or hidden text;
(b) in or as part of any contextual marketing directory, index, or triggering term;
(c) as content or advertising related to any other website including, but not limited to, critical, comparative, or informational websites; and/or
- as a variable or data element in any algorithm that causes another Internet browser to appear on, over, or at the same time as Overwood Catering or controls the content of any other Internet browser window.
DIGITAL MILLENNIUM COPYRIGHT ACT
Overwood Catering is committed to protecting copyrights and expects you to do the same. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on Overwood Catering infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on Overwood Catering infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA (see http://www.copyright.gov/) for details. DMCA notices and counter-notices should be sent to the following address:
Overwood Catering and Events Corp.
DMCA Compliance
12550 Biscayne Blvd Ste 110
Miami, FL 33181
LIMITATION OF LIABILITY
Any communications or interactions between yourself and with third party service providers or advertisers on or through the Overwood Catering Site, including payment for and delivery of products or services at the service provider’s venue, and any other terms, conditions, warranties or representations associated with such dealings with the service provider, are solely between you and such venue or service provider. You acknowledge and agree that Overwood Catering is not responsible for the acts or omissions of its unaffiliated third party service providers or venues and shall bear no responsibility (financial or otherwise) as a result of any action or inaction on the part of any third party or venue with respect to your contact information, and/or any Product or Service you offer or otherwise. Furthermore, Overwood Catering shall not be responsible or liable for any loss or damage, injury, or claim of any sort incurred as the result of any occurrence at the third party provider’s venue.
In the event that you have a problem or issue with a third party service provider or incur damage as a result of third party action or inaction for any reason, we are not responsible in any capacity, nor are we obligated to act on your behalf, or represent you in any manner or capacity, before the third party service provider. In the event that your personal data is misused by any third party, Overwood Catering shall bear no responsibility for such unauthorized dissemination, and shall not be liable in any way for the actions of any third party which may receive your contact information. In the event of a dispute between yourself and one or more of the service providers involved in fulfilling your order or in the event of injury or damage caused by a third party service provider, you hereby expressly release Overwood Catering (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, and agents) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. By agreeing to these Terms you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release. By accepting these terms you agree that your only recourse for the recovery of claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, shall be from the third party service providers directly.
Overwood Catering does not assume responsibility to verify the age of individuals submitting registration forms. However, Overwood Catering reserves the right to request supporting information to verify the age of any individual submitting a registration form.
LINKING AND THIRD-PARTY ADVERTISING
Not Responsible For Links to Other Web sites. From time to time this Site may include links to third party websites. These links are provided for your convenience to offer you further information on Products and Services. We have no responsibility for the content of the linked website(s). Unless expressly stated otherwise on this Site, Overwood Catering does not endorse, approve, sponsor or control, and we are not in any way responsible for, any of the content, services, calculations, information, products or materials available at or through any third party web sites to which this Site may provide a link or may put you in contact with. By using this Site you acknowledge and agree that Overwood Catering will not be responsible or liable to you or any other person for any damages or claims that might result from your access and use of such third party content, Product and/or Service, calculation, information, products or materials.
REVISIONS
You agree and acknowledge that we may revise or change these Terms and Conditions at any time, without notice to you, and you agree that you will be bound by the provisions of these Terms and Conditions as they appear on this Site at the time you access this Site. Because these Terms and Conditions may change, we encourage you to frequently review them. In addition, you agree and acknowledge that all other content, Products and Services, and materials on or available through this Site are subject to updating, cancellation and/or revision without notice to you. Overwood Catering reserves the exclusive right to change pricing, at any time, with 30 days' prior notice. These Terms and Conditions were last revised on July 1st, 2018.
LOCATION
You understand and acknowledge that Overwood Catering controls and operates this Site from within the United States of America. This Site provides information regarding services and products that are made available only in the United States. We make no representation that the services or products about which information may be provided on this Site will be available (a) anywhere outside of the United States or (b) in every state within the United States. You acknowledge and agree that you are responsible for compliance with all federal, state and local laws applicable to your access to and use of this Site.
USER IDs AND PASSWORDS
Certain areas or features of this Site may be restricted to users who have obtained a user identification and password by completing a registration process described on this Site. Additionally, in order to receive information from third parties regarding the Products and Services, you will be required to complete the registration process. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities (including financial obligations and orders placed) that occur under your account or password. You agree to notify Overwood Catering immediately if you believe your user identification, password or other identifying information has been lost, stolen or otherwise compromised. You also acknowledge and agree that you are solely responsible for all damages or claims that may arise from any access to or use of this Site by any person to whom you have provided your user identification, password or other identifying information, or by any person who has obtained such information from you, including, but not limited to, any access to or use of this Site that may occur after you have notified us that your user identification, password or other identifying information has been lost, stolen or otherwise compromised.
THE INTERNET AS AN OPEN NETWORK
While certain designated parts of this Site employ technologies to secure your data and the transmissions between you and Overwood Catering, the Internet is an open system and we cannot provide absolute assurances that transmissions cannot be intercepted/decrypted by others.
PRIVACY AND SECURITY
Required Information: We identify what information is required to fulfill your order, and to provide you with additional information from third parties regarding the Products and Services. If you chose not to provide such required information, we may not be able to fulfill your order or provide you with additional information.
Service Providers: In some cases, we employ or use service providers such as consultants, temporary workers and third party software developers, to complete a business process or provide a service on our behalf. When we employ service providers, we may need to share your personally identifiable information. Service providers are strictly prohibited from using your personally identifiable information for purposes other than to act on our behalf.
Privacy Policy: We reserve the right to make changes to our Privacy Policy from time to time. If we plan to make significant changes to any of our privacy policies or practices with respect to how we use personally identifiable information, we’ll post those changes to the Overwood Catering Site 30 days before they take effect. Our privacy policy is current as of July 1st, 2018.
Legal Disclosures: In some instances we may be required to disclose certain information to comply with a legal process or mandate, such as a court order, subpoena, search warrant, or law enforcement request.
Web Site Usage Data: Our Site tracks usage data, including, for example, IP address, browser type and version, which pages are viewed, which page, if any, linked a visitor to our site, and which link, if any, a visitor follows off of our site. We use this data in the aggregate and on an individual level to better understand web site activity to improve our site offerings, to reconstruct activity from a session or by a user, for troubleshooting and issue resolution purposes. We may also use this data to provide you a more personalized web site experience, assistance with technical support questions, and to send you special offers, product and service updates, or other promotional materials that are relevant and tailored to your interests. If you do not want to receive these offers or promotions, simply indicate your contact preferences during the registration process, within any future communications or by sending an e-mail Overwood Catering.
COPPA. Our Site is not designed to appeal to children under the age of 13. Therefore, we don’t knowingly attempt to solicit or receive any information from children.
This privacy notice should be read in conjunction with our Privacy Policy. In the event of a discrepancy between this privacy notice and our Privacy Policy, the Privacy Policy shall govern.
INDEMNIFICATION
If you make any unauthorized use of this Site or violate the Terms and Conditions: (a) you may be in violation of the laws of the United States, as well as applicable state laws, and may be subject to penalties, and (b) you may be responsible for damages caused to Overwood Catering and/or its Site. You agree to indemnify Overwood Catering and its affiliates, vendors and licensors, and all of the employees, officers, directors, agents and representatives thereof and to hold all of them harmless from, all costs, claims, damages, expenses or other losses, including attorney’s fees and court costs, that arise from or are related to your use of this Site, your registration and/or your breach/violation of or failure to comply with the Terms and Conditions.
DISCLAIMERS
UNLESS OTHERWISE STATED IN WRITING, THE CONTENT, SERVICES, CALCULATIONS, INFORMATION, PRODUCTS AND MATERIALS ON OR AVAILABLE THROUGH THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, OVERWOOD CATERING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE CONTENT, SERVICES, CALCULATIONS, INFORMATION, PRODUCTS AND MATERIALS ON OR AVAILABLE THROUGH THIS SITE COULD INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS AND COULD BECOME INACCURATE BECAUSE OF DEVELOPMENTS OCCURRING AFTER THEIR RESPECTIVE DATES OF PREPARATION OR PUBLICATION. OVERWOOD CATERING HAS NO OBLIGATION TO MAINTAIN THE CURRENCY OR ACCURACY OF ANY CONTENT, SERVICES, CALCULATIONS, INFORMATION, PRODUCTS OR MATERIALS ON OR AVAILABLE THROUGH THIS SITE.
YOU ACKNOWLEDGE AND AGREE THAT OVERWOOD CATERING IS NOT, AND SHALL NOT BE, RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS THAT MAY EXIST IN THIS SITE OR ITS OPERATION, OR WITH ANY PRODUCT OR SERVICE ORDERED THROUGH THIS SITE, OR WITH THE HANDLING OF YOUR PERSONAL INFORMATION BY THIRD PARTIES. AS TO THE OPERATION OF THIS SITE, Overwood Catering EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OVERWOOD CATERING MAKES NO REPRESENTATION OR WARRANTY THAT (A) THE OPERATION OF THIS SITE WILL MEET YOUR OR ANY OTHER USER’S REQUIREMENTS; (B) ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; OR (C) ANY DEFECTS IN THIS SITE WILL BE CORRECTED. YOU AGREE THAT YOU, AND NOT OVERWOOD CATERING, WILL BEAR THE ENTIRE COST OF ALL SERVICING, REPAIR, CORRECTION OR RESTORATION THAT MAY BE NECESSARY FOR YOUR DATA, SOFTWARE PROGRAMS OR COMPUTER EQUIPMENT BECAUSE OF ANY VIRUSES, ERRORS OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF USING OR VISITING THIS SITE.
OVERWOOD CATERING NOT LIABLE
YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL OVERWOOD CATERING BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY DAMAGES OR INJURY CAUSED BY ERROR, INACCURACY, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, TELECOMMUNICATIONS FAILURE OR COMPUTER VIRUS OR OTHER PROBLEM, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE CONTENT, SERVICES, CALCULATIONS, INFORMATION, PRODUCTS OR MATERIALS ON OR AVAILABLE THROUGH THIS SITE, WHETHER IN AN ACTION ALLEGING BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY CONTENT, SERVICES OFFERED BY US, VENUES OR OTHER THIRD PARTIES, CALCULATIONS, INFORMATION, PRODUCTS OR MATERIALS ON OR AVAILABLE THROUGH THIS SITE. YOU AGREE THAT OVERWOOD CATERING SHALL NOT BE LIABLE EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL OVERWOOD CATERING'S TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN ACCESSING OR USING THIS SITE.
COMMUNICATIONS WITH COMPANY
Time Sensitive Instructions: When communicating with us through this Site, instant messenger chat or via e-mail, do not use the Site, instant messenger, chat or e-mail to communicate any time-sensitive instructions. Such instructions may not be received or otherwise honored. All transactions conducted on this Site, instant messenger, chat or via e-mail, must be confirmed in writing by us to be accepted by and binding upon us.
E-Signature: General communications through this Site, instant messenger, chat or via e-mail are not intended by us to constitute either an electronic record or an electronic signature, or to constitute any agreement by the sender to conduct a transaction by electronic means, unless a specific statement to the contrary is included in the message and specific e-signature procedures are employed. However, your assent to a “click to accept” button or box is binding upon you.
Recording & Monitoring of Communications: Your communications with us via the Site, instant messenger, chat, e-mail, and telephone may be recorded or monitored and by using such communications methods you are consenting to the recording or monitoring of the same.
Prohibited E-mail Content: All of our employees are prohibited from using e-mail to make or send any type of menacing, defamatory, discriminatory, harassing, offensive or threatening statements/materials, or statement/materials that infringe the copyrights or legal rights of others in e-mail. Such communications are against Company policy and outside the scope of our employee’s employment. The Company does not accept any liability in respect of such communication, and the employee responsible will be personally liable for any damages or other liability arising. Please report any such violations to Overwood Catering. The use of the Company’s e-mail facilities for purposes of sending menacing, harassing, offensive or threatening messages to our employees is strictly prohibited and is unlawful; violators will be prosecuted to the fullest extent of the law.
Negligent Misstatement: The Company disclaims any and all responsibility, including responsibility based on negligence or negligent misstatement, for the accuracy, completeness, or reliability of data or information contained in or furnished through e-mail or furnished by third parties and the Company makes no warranties, express or implied, with respect to such data or information.
Opt-Out: E-mails sent by us may constitute an advertisement or solicitation under U.S. law, if its primary purpose is to advertise or promote a commercial product or service. If you do not wish to receive advertising and promotional messages from Overwood Catering, you may opt-out by sending an e-mail to Overwood Catering.
Viruses: Computer viruses can be transmitted via e-mail through e-mail content, attachments to e-mails and embedded links. Although our e-mails are believed to be free of any virus or other defects that might affect computer systems in which they are received and opened, it is the recipient’s responsibility to ensure that any e-mail they open is virus free. The Company is not responsible for any loss or damage arising in any way from the receipt, use, storage or transmission of our e-mails. If our Company forwards an e-mail or replies to a prior e-mail, the contents may have been produced by someone other than our Company or our Team Members for which the Company assumes no liability whatsoever. THE COMPANY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT COMPANY E-MAILS OR THE SITE ARE VIRUS FREE AND/OR ERROR FREE. The use of e-mail to introduce any virus, malicious or disabling code, or to otherwise interfere with the Company’s e-mail transmissions, telecommunication, or computer networks is prohibited and against the law; violators will be prosecuted to the fullest extent of the law.
ADDITIONAL TERMS
You acknowledge that certain features of this Site, as well other products and services of Overwood Catering, including those that may be available through this Site, may be subject to terms, conditions and disclaimers in addition to these Terms and Conditions, and you agree that your use of such products and services will be subject to such additional terms, conditions and disclaimers.
Permission to Be Contacted: By submitting information to Overwood Catering through the Site or otherwise, you are making an inquiry as to Products and Services offered by Overwood Catering or any of its unaffiliated third parties, and give Overwood Catering and its affiliates permission to contact you through e-mail, fax, or telephone, or any means, even if your phone number is on a “Do Not Call” list.
Permission to Share Your Information: When you “submit” information through the Overwood Catering Site or otherwise, Overwood Catering may send your information to third party affiliates for purposes of fulfilling your order.
Reasonable Efforts: Overwood Catering is not responsible for delays resulting from third parties.
GOVERNING LAW
You agree that these Terms of Use and our Privacy Policy shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms and Conditions, the Privacy Policy or the use of this Site shall be filed only in the state or federal courts located in Miami-Dade County, Florida, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You further agree to waive any rights you may have to a trial by jury or right to join a class action suit as against us. In the event of a lawsuit, if we prevail, you shall be responsible for our legal fees.
SEVERABILITY
You agree that if any provision of these Terms and Conditions shall be found to be unlawful or void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions of these Terms and Conditions and shall not affect the validity and enforceability of such other provisions.
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