B Hospitality Corp. (d/b/a Butler) and its affiliates and agents (collectively, the “Company” or “we”
or “us”) partner[s] with hotel owners, management companies and brands (collectively, “Hotel
Partners”) to provide in-room dining, catering and other amenities to guests. You (collectively,
“You” or “User”) may browse our websites, use our Site and Services (both defined below). Some
Services may require you to be a guest of one of our Hotel Partners prior to using the Service.
You may view additional information from our website www.butlerhospitality.com, and as a User,
you may order room service, including in-room dining, catering, amenities or other services
(collectively, the “Services”) from our website www.butlermenu.com [and
www.butlerhospitality.com] (collectively, the “Site”). You may also order room service, catering
services, and other services by sending a text message, or calling or emailing requests to Butler
at the contact information found at https://butlerhospitality.com/. Please note that these Terms
are not applicable when you send text messages, call or email Butler to request certain services.
PLEASE READ THIS TERMS OF USE AGREEMENT (THE “TERMS OF USE”) CAREFULLY.
THIS SITE AND THE INFORMATION ON IT ARE CONTROLLED BY COMPANY. THESE
TERMS OF USE GOVERN THE USE OF THE SITE AND APPLY TO ALL INTERNET USERS
VISITING THE SITE BY ACCESS OR USING THE SITE IN ANY WAY, INCLUDING USING THE
SERVICES AND RESOURCES AVAILABLE OR ENABLED VIA THE SITE (EACH A “SERVICE”
AND COLLECTIVELY, THE “SERVICES”). BY CLICKING ON THE “I ACCEPT” BUTTON,
COMPLETING THE REGISTRATION PROCESS, AND/OR BROWSING THE SITE, YOU
REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY
THE TERMS OF USE, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH
COMPANY, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF USE
PERSONALLY OR ON BEHALF OF COMPANY YOU HAVE NAMED AS THE USER, AND TO
BIND THAT COMPANY TO THE TERMS OF USE. THE TERM “YOU” OR “USER” REFERS
TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN
YOU REGISTERED ON THE SITE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS
OF USE, YOU MAY NOT ACCESS OR USE THIS SITE OR THE SERVICES.
PLEASE BE AWARE THAT SECTION 13 OF THIS AGREEMENT, BELOW, CONTAINS
PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH
OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE
OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN
PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED
EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND
FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1)
YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US
ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR
REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT
TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. 
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ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE SITE WILL BE
GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF NEW
YORK, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT
TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY
OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE
INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THIS AGREEMENT.
Your use of, and participation in, certain Services may be subject to additional terms
(“Supplemental Terms”) and such Supplemental Terms will either be listed in the Terms of Use
or will be presented to you for your acceptance when you sign up to use the supplemental Service.
If the Terms of Use are inconsistent with the Supplemental Terms, the Supplemental Terms shall
control with respect to such Service. The Terms of Use and any applicable Supplemental Terms
are referred to herein as the “Agreement.”
PLEASE NOTE THAT THE AGREEMENT IS SUBJECT TO CHANGE BY COMPANY IN ITS
SOLE DISCRETION AT ANY TIME. When changes are made, Company will make a new copy
of the Terms of Use available at the Site and any new Supplemental Terms will be made available
from within, or through, the affected Service on the Site. We will also update the “Last Updated”
date at the top of the Terms of Use. If we make any material changes, and you have provided us
with your email address, we will also send an e-mail to you at the last e-mail address you provided
to us pursuant to the Agreement. Any changes to the Agreement will be effective immediately for
new Users of the Site and/ or Services and will be effective thirty (30) days after posting notice of
such changes on the Site for existing Users. Company may require you to provide consent to the
updated Agreement in a specified manner before further use of the Site and/or the Services is
permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you
shall stop using the Site and/or the Services. Otherwise, your continued use of the Site and/or
Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE
SITE TO VIEW THE THEN-CURRENT TERMS.
1. Use of the Services and Company Properties. The Software, the Site, the Services,
and the information and content available on the Site and the Services (as these terms are defined
herein) (each, a “Company Property” and collectively, the “Company Properties”) are
protected by copyright laws throughout the world. Unless otherwise specified by Company in a
separate license, your right to use any and all Company Properties is subject to the Agreement.
1.1 Company Software. Use of any software and associated documentation, that is
made available via the Site or the Services (“Software”) is governed by the terms of the license
agreement that accompanies or is included with the Software, or by the license agreement
expressly stated on the Site page(s) accompanying the Software. These license terms may be
posted with the Software downloads or at the Site page where the Software can be accessed.
You shall not use, download or install any Software that is accompanied by or includes a license
agreement unless you agree to the terms of such license agreement. At no time will Company
provide you with any tangible copy of our Software. Company shall deliver access to the Software
via electronic transfer or download and shall not use or deliver any tangible media in connection
with the (a) delivery, installation, updating or problem resolution of any Software (including any
new releases); or (b) delivery, correction or updating of documentation. For the purposes of this
section tangible media shall include, but not be limited to, any tape disk, compact disk, card, flash
drive, or any other comparable physical medium. Unless the accompanying license agreement
expressly allows otherwise, any copying or redistribution of the Software is prohibited, including
any copying or redistribution of the Software to any other server or location, or redistribution or
use on a service bureau basis. If there is any conflict between the Agreement and the license
agreement, the license agreement shall take precedence in relation to that Software (except as
provided in the following sentence). If the Software is a pre-release version, then, notwithstanding 
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anything to the contrary included within an accompanying license agreement, you are not
permitted to use or otherwise rely on the Software for any commercial or production purposes. If
no license agreement accompanies use of the Software, use of the Software will be governed by
the Agreement. Subject to your compliance with the Agreement, Company grants you a nonassignable, non-transferable, non-sublicensable, revocable non-exclusive license to use the
Software for the sole purpose of enabling you to use the Services in the manner permitted by the
Agreement. Some Software may be offered under an open source license that we will make
available to you. There may be provisions in the open source license that expressly override
some of these terms.
1.2 Updates. You understand that Company Properties are evolving. As a result,
Company may require you to accept updates to Company Properties that you have installed on
your computer or mobile device. You acknowledge and agree that Company may update
Company Properties with or without notifying you. You may need to update third-party software
from time to time in order to use Company Properties.
1.3 Certain Restrictions. The rights granted to you in the Agreement are subject to
the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce,
distribute, host or otherwise commercially exploit Company Properties or any portion of Company
Properties, including the Site, (b) you shall not frame or utilize framing techniques to enclose any
trademark, logo, or other Company Properties (including images, text, page layout or form) of
Company; (c) you shall not use any metatags or other “hidden text” using Company’s name or
trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of,
disassemble, decompile, reverse compile or reverse engineer any part of Company Properties
except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you
shall not use any manual or automated software, devices or other processes (including but not
limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or
download data from any web pages contained in the Site (except that we grant the operators of
public search engines revocable permission to use spiders to copy materials from the Site for the
sole purpose of and solely to the extent necessary for creating publicly available searchable
indices of the materials, but not caches or archives of such materials); (f) you shall not access
Company Properties in order to build a similar or competitive website, application or service; (g)
except as expressly stated herein, no part of Company Properties may be copied, reproduced,
distributed, republished, downloaded, displayed, posted or transmitted in any form or by any
means; and (h) you shall not remove or destroy any copyright notices or other proprietary
markings contained on or in Company Properties. Any future release, update or other addition to
Company Properties shall be subject to the Agreement. Company, its suppliers and service
providers reserve all rights not granted in the Agreement. Any unauthorized use of any Company
Property terminates the licenses granted by Company pursuant to the Agreement.
1.4 Third-Party Materials. As a part of Company Properties, you may have access
to materials that are hosted by another party. You agree that it is impossible for Company to
monitor such materials and that you access these materials at your own risk.
2. Ownership.
2.1 Company Properties. You agree that Company and its suppliers own all rights,
title and interest in Company Properties. You will not remove, alter or obscure any copyright,
trademark, service mark or other proprietary rights notices incorporated in or accompanying any
Company Properties.
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2.2 Trademarks. , , , and all related
graphics, logos, service marks and trade names used on or in connection with any Company
Properties or in connection with the Services are the trademarks of Company and may not be
used without permission in connection with your or any third-party products or services. Other
trademarks, service marks and trade names that may appear on or in Company Properties are
the property of their respective owners.
2.3 Types of Content. “Content” means any information, data, text, software, music,
sound, photographs, graphics, video, messages, tags and/or other materials accessible through
Company Properties. You acknowledge that all Content, including Company Properties, is the
sole responsibility of the party from whom such Content originated. This means that you, and not
Company, are entirely responsible for all Content that you upload, post, e-mail, transmit or
otherwise make available (“Make Available”) through Company Properties (“Your Content”),
and that you and other Users of Company Properties, and not Company, are similarly responsible
for all Content that you and they Make Available through Company Properties (“User Content”).
2.4 Other Content. Except with respect to Your Content, you agree that you have no
right, title, or interest in or to any Content that appears on or in Company Properties.
2.5 Your Content. Company does not claim ownership of Your Content. However,
when you as a User post or publish Your Content on or in Company Properties, you represent
that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right
(including any moral rights) and license to use, license, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, derive revenue or other remuneration from, and
communicate to the public, perform and display Your Content (in whole or in part) worldwide
and/or to incorporate it in other works in any form, media or technology now known or later
developed, for the full term of any worldwide intellectual property right that may exist in Your
Content.
2.6 License to Your Content. Subject to any applicable account settings that you
select, you grant Company a fully paid, royalty-free, perpetual, irrevocable, worldwide, royaltyfree, non-exclusive and fully sublicensable right (including any moral rights) and license to use,
license, distribute, reproduce, modify, adapt, publicly perform, and publicly display Your Content
(in whole or in part) for the purposes of operating and providing Company Properties to you and
to our other Users. Please remember that other Users may search for, see, use, modify and
reproduce any of Your Content that you submit to any “public” area of Company Properties. You
warrant that the holder of any worldwide intellectual property right, including moral rights, in Your
Content, has completely and effectively waived all such rights and validly and irrevocably granted
to you the right to grant the license stated above. You agree that you, not Company, are
responsible for all of Your Content that you Make Available on or in Company Properties.
2.7 Feedback. You agree that submission of any ideas, suggestions, documents,
and/or proposals to Company through its suggestion, feedback, wiki, forum or similar pages
(“Feedback”) is at your own risk and that Company has no obligations (including without
limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant
that you have all rights necessary to submit the Feedback. You hereby grant to Company a fully
paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right
and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create
derivative works of, and otherwise commercially or non-commercially exploit in any manner, any 
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and all Feedback, and to sublicense the foregoing rights, in connection with the operation and
maintenance of Company Properties and/or Company’s business.
3. User Conduct. As a condition of your use of the Company Properties, you agree not to
use Company Properties for any purpose that is prohibited by the Terms or by applicable law.
You shall not (and shall not permit any third party) either (a) take any action or (b) Make Available
any Content on or through Company Properties that: (i) infringes any patent, trademark, trade
secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening,
abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy,
tortious, obscene, offensive, or profane; (iii) constitutes unauthorized or unsolicited advertising,
junk or bulk e-mail; (iv) involves commercial activities and/or sales without Company’s prior written
consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v)
impersonates any person or entity, including any employee or representative of Company; (vi)
interferes with or attempt to interfere with the proper functioning of Company Properties or uses
Company Properties in any way not expressly permitted by the Terms; or (vii) attempts to engage
in or engage in, any potentially harmful acts that are directed against Company Properties,
including but not limited to violating or attempting to violate any security features of Company
Properties, using manual or automated software or other means to access, “scrape,” “crawl” or
“spider” any pages contained in Company Properties, introducing viruses, worms, or similar
harmful code into Company Properties, or interfering or attempting to interfere with use of
Company Properties by any other user, host or network, including by means of overloading,
“flooding,” “spamming,” “mail bombing,” or “crashing” Company Properties.
4. Investigations. Company may, but is not obligated to, monitor or review Company
Properties and Content at any time. Without limiting the foregoing, Company shall have the right,
in its sole discretion, to remove any of Your Content for any reason (or no reason), including if
such Content violates the Agreement or any applicable law. Although Company does not
generally monitor user activity occurring in connection with Company Properties or Content, if
Company becomes aware of any possible violations by you of any provision of the Agreement,
Company reserves the right to investigate such violations, and Company may, at its sole
discretion, immediately terminate your license to use Company Properties, or change, alter or
remove Your Content, in whole or in part, without prior notice to you.
5. Third-Party Services.
5.1 Third-Party Websites, Applications and Ads. Company Properties may contain
links to third-party websites, including social networking sites such as Facebook, LinkedIn,
Instagram and Yelp (“Third-Party Websites”) and applications (“Third-Party Applications”)
and advertisements for third parties (“Third-Party Ads”). When you click on a link to a ThirdParty Website, Third-Party Application or Third-Party Ad, we will not warn you that you have left
Company Properties and are subject to the terms and conditions (including privacy policies) of
another website or destination. Such Third-Party Websites, Third-Party Applications and ThirdParty Ads are not under the control of Company. Company is not responsible for any Third-Party
Websites, Third-Party Applications or Third-Party Ads. Company provides these Third-Party
Websites, Third-Party Applications and Third Party Ads only as a convenience and does not
review, approve, monitor, endorse, warrant, or make any representations with respect to ThirdParty Websites, Third-Party Applications or Third-Party Ads, or any product or service provided
in connection therewith. You use all links in Third-Party Websites, Third-Party Applications and
Third-Party Ads at your own risk. When you leave our Site, the Agreement and policies no longer
govern. You should review applicable terms and policies, including privacy and data gathering
practices, of any Third-Party Websites or Third-Party Applications, and make whatever
investigation you feel necessary or appropriate before proceeding with any transaction with any
third party. 
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6. Fees and Purchase Terms.
6.1 General Purpose of Agreement: Sale of Service, not Software. The purpose
of the Agreement is for you to secure access to the Services. All fees set forth within and paid by
you under the Agreement shall be considered solely in furtherance of this purpose. In no way are
these fees paid considered payment for the sale, license, or use of Company’s Software, and,
furthermore, any use of Company’s Software by you in furtherance of the Agreement will be
considered merely in support of the purpose of the Agreement.
6.2 Payment. You agree to pay all fees, taxes and charges (collectively “Fee(s)”) for
the Services, in accordance with the Fees and billing terms in effect at the time a Fee is due and
payable. You will pay all Fees: (i) to the applicable Hotel Partner, who will receive your payment
for the Services on behalf of Company, le when you use the in-dining services or other amenities
that you generally charge to your room; or (ii) to Company within thirty (30) days of receiving
invoice for catering and other amenity services that are not charged to a room.
6.3 Taxes. Fees for the Services provided are net of any applicable Sales Tax. If any
Services, or payments for any Services, under the Agreement are subject to Sales Tax in any
jurisdiction and you have not remitted the applicable Sales Tax to the Hotel Partner, who receives
your payment on behalf of the Company, you will be responsible for the payment of such Sales
Tax and any related penalties or interest to the relevant tax authority, and you will indemnify
Company for any liability or expense we may incur in connection with such Sales Taxes. Upon
our request, you will provide us with official receipts issued by the appropriate taxing authority, or
other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales
Tax” shall mean any sales or use tax, and any other tax measured by sales proceeds, that
Company is permitted to pass to its customers, that is the functional equivalent of a sales tax
where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
6.4 Withholding Taxes. You agree to make all payments of fees to the Hotel Partner,
who receives your payment on behalf of Company, free and clear of, and without reduction for,
any withholding taxes. Any such taxes imposed on payments of fees to the Hotel Partner will be
your sole responsibility, and you will provide Company or Hotel Partner with official receipts issued
by the appropriate taxing authority, or such other evidence as we may reasonably request, to
establish that such taxes have been paid.
6.5 Disputes. If you have any billing dispute please notify us at
support@butlermenu.com or, if the issues pertains to the Hotel Partner’s billing practices, contact
the appropriate Hotel Partner if the issue pertains to the way.
7. Indemnification. You agree to indemnify and hold Company, its parents, subsidiaries,
affiliates, officers, employees, agents, partners, suppliers, and licensors (each, a “Company
Party” and collectively, the “Company Parties”) harmless from any losses, costs, liabilities and
expenses (including reasonable attorneys’ fees) relating to or arising out of any and all of the
following: (a) Your Content; (b) your use of, or inability to use, any Company Property; (c) your
violation of the Agreement; (d) your violation of any rights of another party, including any Users;
or (e) your violation of any applicable laws, rules or regulations. Company reserves the right, at
its own cost, to assume the exclusive defense and control of any matter otherwise subject to
indemnification by you, in which event you will fully cooperate with Company in asserting any
available defenses. This provision does not require you to indemnify any of the Company Parties
for any unconscionable commercial practice by such party or for such party’s fraud, deception,
false promise, misrepresentation or concealment, suppression or omission of any material fact in
connection with the Site or any Services provided hereunder. You agree that the provisions in
this section will survive any termination the Agreement and/or your access to Company
Properties.
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8. Disclaimer of Warranties and Conditions.
8.1 As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT
PERMITTED BY APPLICABLE LAW, YOUR USE OF COMPANY PROPERTIES IS AT YOUR
SOLE RISK, AND COMPANY PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS
AVAILABLE” BASIS, WITH ALL FAULTS. COMPANY PARTIES EXPRESSLY DISCLAIM ALL
WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT ARISING FROM USE OF THE SITE.
(a) COMPANY PARTIES MAKE NO WARRANTY, REPRESENTATION OR
CONDITION THAT: (1) COMPANY PROPERTIES WILL MEET YOUR REQUIREMENTS; (2)
YOUR USE OF COMPANY PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR
ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF COMPANY
PROPERTIES WILL BE ACCURATE OR RELIABLE.
(b) ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED
THROUGH COMPANY PROPERTIES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL
BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT
NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS
COMPANY PROPERTIES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH
CONTENT.
(c) THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS
AND OTHER DISRUPTIONS. COMPANY MAKES NO WARRANTY, REPRESENTATION OR
CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE
QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF
SERVICES.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED FROM COMPANY OR THROUGH COMPANY PROPERTIES WILL CREATE ANY
WARRANTY NOT EXPRESSLY MADE HEREIN.
(e) FROM TIME TO TIME, COMPANY MAY OFFER NEW “BETA”
FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR
TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY
WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT COMPANY’S
SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO
SUCH FEATURES OR TOOLS.
8.2 No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE
THAT COMPANY PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD
COMPANY PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OUR
HOTEL PARTNERS AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF
INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
8.3 No Liability for Conduct of Other Users. YOU ARE SOLELY RESPONSIBLE
FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF
COMPANY PROPERTIES. YOU UNDERSTAND THAT COMPANY DOES NOT MAKE ANY
ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF COMPANY PROPERTIES.
8.
9. Limitation of Liability.
9.1 Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN
NO EVENT SHALL COMPANY PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE
OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR
DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS
INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE
WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR ANY
COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF COMPANY
PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR
INABILITY TO USE COMPANY PROPERTIES; (2) THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED
FOR TRANSACTIONS ENTERED INTO THROUGH COMPANY PROPERTIES; (3)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON COMPANY PROPERTIES; OR (5)
ANY OTHER MATTER RELATED TO COMPANY PROPERTIES, WHETHER BASED ON
WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT
LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING CAP ON LIABILITY SHALL
NOT APPLY TO LIABILITY OF A COMPANY PARTY FOR (A) DEATH OR PERSONAL INJURY
CAUSED BY A COMPANY PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A
COMPANY PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
9.2 Cap on Liability. UNDER NO CIRCUMSTANCES WILL COMPANY PARTIES
BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) THE TOTAL AMOUNT PAID TO
COMPANY BY YOU DURING THE ONE-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR
OCCURRENCE GIVING RISE TO SUCH LIABILITY AND (B) THE REMEDY OR PENALTY
IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP
ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A COMPANY PARTY FOR (A) DEATH
OR PERSONAL INJURY CAUSED BY A COMPANY PARTY’S NEGLIGENCE; OR FOR (B) ANY
INJURY CAUSED BY A COMPANY PARTY’S FRAUD OR FRAUDULENT
MISREPRESENTATION.
9.3 User Content. EXCEPT FOR COMPANY’S OBLIGATIONS TO PROTECT
YOUR PERSONAL DATA AS SET FORTH IN THE COMPANY’S PRIVACY POLICY, COMPANY
ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR
FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT
AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
9.4 Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE
ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY
AND YOU.
10. Remedies.
10.1 Violations. If Company becomes aware of any possible violations by you of the
Agreement, Company reserves the right to investigate such violations. If, as a result of the
investigation, Company believes that criminal activity has occurred, Company reserves the right
to refer the matter to, and to cooperate with, any and all applicable legal authorities. Company is 
9.
entitled, except to the extent prohibited by applicable law, to disclose any information or materials
on or in Company Properties, including Your Content, in Company’s possession in connection
with your use of Company Properties, to (a) comply with applicable laws, legal process or
governmental request; (b) enforce the Terms, (c) respond to any claims that Your Content violates
the rights of third parties, (d) respond to your requests for customer service, or (e) protect the
rights, property or personal safety of Company, its Users or the public, and all enforcement or
other government officials, as Company in its sole discretion believes to be necessary or
appropriate.
10.2 Breach. In the event that Company determines, in its sole discretion, that you
have breached any portion of the Agreement, or have otherwise demonstrated conduct
inappropriate for Company Properties, Company reserves the right to:
(a) Warn you via e-mail (to any e-mail address you have provided to Company)
that you have violated the Agreement;
(b) Delete any of Your Content provided by you or your agent(s) to Company
Properties;
(c) Discontinue your registration(s) with any of Company Properties, including
any Services or any Company community;
(d) Discontinue your subscription to any Services;
(e) Notify and/or send Content to and/or fully cooperate with the proper law
enforcement authorities for further action; and/or
(f) Pursue any other action which Company deems to be appropriate.
11. Term and Termination.
11.1 Term. The Agreement commences on the date when you accept them (as
described in the preamble above) and will remain in full force and effect while you use Company
Properties, unless terminated earlier in accordance with the Agreement.
11.2 Prior Use. Notwithstanding the foregoing, you hereby acknowledge and agree
that the Agreement commenced on the earlier to occur of (a) the date you first used Company
Properties or (b) the date you accepted the Agreement and will remain in full force and effect
while you use any Company Properties, unless earlier terminated in accordance with the
Agreement.
11.3 Termination of Services. If you have materially breached any provision of the
Agreement, or if Company is required to do so by law (e.g., where the provision of the Site, the
Software or the Services is, or becomes, unlawful), Company has the right to, immediately and
without notice, suspend or terminate any Services provided to you. You agree that all terminations
for cause shall be made in Company’s sole discretion and that Company shall not be liable to you
or any third party for the termination of Services to you.
11.4 Effect of Termination. You understand that any termination of Services may
involve deletion of Your Content associated therewith from our live databases. Company will not
have any liability whatsoever to you for any suspension or termination, including for deletion of 
10.
Your Content. All provisions of the Agreement which by their nature should survive, shall survive
termination of Services, including without limitation, ownership provisions, warranty disclaimers,
and limitation of liability.
12. International Users. Company Properties can be accessed from countries around the
world and may contain references to Services and Content that are not available in your country.
These references do not imply that Company intends to announce such Services or Content in
your country. Company Properties are controlled and offered by Company from its facilities in
the United States of America. Company makes no representations that Company Properties are
appropriate or available for use in other locations. Those who access or use Company Properties
from other countries do so at their own volition and are responsible for compliance with local law.
13. Dispute Resolution. Please read the following arbitration agreement in this Section
(“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Company
and limits the manner in which you can seek relief from us.
13.1 Applicability of Arbitration Agreement. You agree that any dispute or claim relating
in any way to your access or use of the Site, to any products sold or distributed through the Site,
or to any aspect of your relationship with Company, will be resolved by binding arbitration, rather
than in court, except that (1) you may assert claims in small claims court if your claims qualify,;
and (2) you or Company may seek equitable relief in court for infringement or other misuse of
intellectual property rights (such as trademarks, trade dress, domain names, trade secrets,
copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all
claims that arose or were asserted before the effective date of this Agreement or any prior
version of this Agreement.
13.2 Arbitration Rules and Forum. The Federal Arbitration Act governs the
interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding,
you must send a letter requesting arbitration and describing your claim to our registered agent
United Corporate Services, 1013 Centre Road, Suite 403-B, Wilmington, DE. The arbitration will
be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving
claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be
subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures
available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be
subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures,
available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also
available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to
arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot
afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver
from JAMS, Company will pay them for you. In addition, Company will reimburse all such JAMS’s
filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the
arbitrator determines the claims are frivolous.
You may choose to have the arbitration conducted by telephone, based on written submissions,
or in person in the country where you live or at another mutually agreed location. Any judgment
on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
13.3 Authority of Arbitrator. The arbitrator shall have exclusive authority to (a)
determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute 
11.
related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement
including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or
voidable. The arbitration will decide the rights and liabilities, if any, of you and Company. The
arbitration proceeding will not be consolidated with any other matters or joined with any other
cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part
of any claim. The arbitrator shall have the authority to award monetary damages and to grant any
non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s
rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a
written award and statement of decision describing the essential findings and conclusions on
which the award is based, including the calculation of any damages awarded. The arbitrator has
the same authority to award relief on an individual basis that a judge in a court of law would
have. The award of the arbitrator is final and binding upon you and us.
13.4 Waiver of Jury Trial. YOU AND COMPANY HEREBY WAIVE ANY
CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN
FRONT OF A JUDGE OR A JURY. You and Company are instead electing that all claims and
disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in
Section 13.1 above. An arbitrator can award on an individual basis the same damages and relief
as a court and must follow this Agreement as a court would. However, there is no judge or jury
in arbitration, and court review of an arbitration award is subject to very limited review.
13.5 Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES
WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN
INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL
RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT
BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR
USER. If a decision is issued stating that applicable law precludes enforcement of any of this
subsection’s limitations as to a given claim for relief, then the claim must be severed from the
arbitration and brought into the State or Federal Courts located in the State of New York. All other
claims shall be arbitrated.
13.6 30-Day Right to Opt Out. You have the right to opt out of the provisions of this
Arbitration Agreement by sending written notice of your decision to opt out to:
support@butlermenu.com, within 30 days after first becoming subject to this Arbitration
Agreement. Your notice must include your name and address, your Company username (if any),
the email address you used to set up your Company account (if you have one), and an
unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of
this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting
out of this Arbitration Agreement has no effect on any other arbitration agreements that you may
currently have, or may enter in the future, with us.
13.7 Severability. Except as provided in subsection 13.5, if any part or parts of this
Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific
part or parts shall be of no force and effect and shall be severed and the remainder of the
Arbitration Agreement shall continue in full force and effect.
13.8 Survival of Agreement. This Arbitration Agreement will survive the termination of
your relationship with Company.
12.
13.9 Modification. Notwithstanding any provision in this Agreement to the contrary, we
agree that if Company makes any future material change to this Arbitration Agreement, you may
reject that change within thirty (30) days of such change becoming effective by writing Company
at the following address: support@butlermenu.com.
14. General Provisions.
14.1 Electronic Communications. The communications between you and Company
may take place via electronic means, whether you visit Company Properties or send Company emails, or whether Company posts notices on Company Properties or communicates with you via
e-mail. For contractual purposes, you (a) consent to receive communications from Company in
an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures,
and other communications that Company provides to you electronically satisfy any legal
requirement that such communications would satisfy if it were to be in writing. The foregoing does
not affect your statutory rights.
14.2 Release. You hereby release Company Parties and their successors from claims,
demands, any and all losses, damages, rights, and actions of any kind, including personal injuries,
death, and property damage, that is either directly or indirectly related to or arises from your use
of Company Properties, including but not limited to, any interactions with or conduct of other Users
or third-party websites of any kind arising in connection with or as a result of the Agreement or
your use of Company Properties. If you are a California resident, you hereby waive California
Civil Code Section 1542, which states, “A general release does not extend to claims which the
creditor does not know or suspect to exist in his favor at the time of executing the release, which,
if known by him must have materially affected his settlement with the debtor.” The foregoing
release does not apply to any claims, demands, or any losses, damages, rights and actions of
any kind, including personal injuries, death or property damage for any unconscionable
commercial practice by a Company Party or for such party’s fraud, deception, false, promise,
misrepresentation or concealment, suppression or omission of any material fact in connection
with the Site or any Services provided hereunder.
14.3 Assignment. The Agreement, and your rights and obligations hereunder, may not
be assigned, subcontracted, delegated or otherwise transferred by you without Company’s prior
written consent, and any attempted assignment, subcontract, delegation, or transfer in violation
of the foregoing will be null and void.
14.4 Force Majeure. Company shall not be liable for any delay or failure to perform
resulting from causes outside its reasonable control, including, but not limited to, acts of God, war,
terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or
shortages of transportation facilities, fuel, energy, labor or materials.
14.5 Questions, Complaints, Claims. If you have any questions, complaints or claims
with respect to Company Properties, please contact us at: support@butlermenu.com. We will do
our best to address your concerns. If you feel that your concerns have been addressed
incompletely, we invite you to let us know for further investigation.
14.6 Exclusive Venue. To the extent the parties are permitted under this Agreement
to initiate litigation in a court, both you and Company agree that all claims and disputes arising
out of or relating to the Agreement will be litigated exclusively in the state or federal courts located
in New York City.
13.
14.7 Governing Law. THE TERMS AND ANY ACTION RELATED THERETO WILL
BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF NEW
YORK, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT
TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER
JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE
INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THE AGREEMENT.
14.8 Choice of Language. It is the express wish of the parties that the Agreement and
all related documents have been drawn up in English. C’est la volonté expresse des parties que
la presente convention ainsi que les documents qui s’y rattacent soient rediges en anglais.
14.9 Notice. Where Company requires that you provide an e-mail address, you are
responsible for providing Company with your most current e-mail address. In the event that the
last e-mail address you provided to Company is not valid, or for any reason is not capable of
delivering to you any notices required/ permitted by the Agreement, Company’s dispatch of the
e-mail containing such notice will nonetheless constitute effective notice. You may give notice to
Company at the following address: support@butlermenu.com. Such notice shall be deemed
given when received by Company by letter delivered by nationally recognized overnight delivery
service or first class postage prepaid mail at the above address.
14.10 Waiver. Any waiver or failure to enforce any provision of the Agreement on one
occasion will not be deemed a waiver of any other provision or of such provision on any other
occasion.
14.11 Severability. If any portion of this Agreement is held invalid or unenforceable, that
portion shall be construed in a manner to reflect, as nearly as possible, the original intention of
the parties, and the remaining portions shall remain in full force and effect.
14.12 Export Control. You may not use, export, import, or transfer Company Properties
except as authorized by U.S. law, the laws of the jurisdiction in which you obtained Company
Properties, and any other applicable laws. In particular, but without limitation, Company
Properties may not be exported or re-exported (a) into any United States embargoed countries,
or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the
U.S. Department of Commerce’s Denied Person’s List or Entity List. By using Company
Properties, you represent and warrant that (y) you are not located in a country that is subject to a
U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist
supporting” country and (z) you are not listed on any U.S. Government list of prohibited or
restricted parties. You also will not use Company Properties for any purpose prohibited by U.S.
law, including the development, design, manufacture or production of missiles, nuclear, chemical
or biological weapons. You acknowledge and agree that products, services or technology
provided by Company are subject to the export control laws and regulations of the United States.
You shall comply with these laws and regulations and shall not, without prior U.S. government
authorization, export, re-export, or transfer Company products, services or technology, either
directly or indirectly, to any country in violation of such laws and regulations.
14.13 Consumer Complaints. In accordance with California Civil Code §1789.3, you
may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of
the California Department of Consumer Affairs by contacting them in writing at 400 R Street,
Sacramento, CA 95814, or by telephone at (800) 952-5210.
14.
14.14 Entire Agreement. The Agreement is the final, complete and exclusive
agreement of the parties with respect to the subject matter hereof and supersedes and merges
all prior discussions between the parties with respect to such subject matter.
15. International Provisions. The following provisions shall apply only if you are located in
the countries listed below.
15.1 United Kingdom. A third party who is not a party to the Agreement has no right
under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of the Agreement,
but this does not affect any right or remedy of such third party which exists or is available apart
from that Act.
15.2 Germany. Notwithstanding anything to the contrary in Section 9, Company is also
not liable for acts of simple negligence (unless they cause injuries to or death of any person),
except when they are caused by a breach of any substantial contractual obligations
(vertragswesentliche Pflichten).