Terms of Use

Please read these Terms of Use carefully before using this website.

Interpretation and Definitions

Interpretation

Words with an initial capital letter have the meanings defined in this section. These definitions apply whether the terms appear in the singular or the plural.

Definitions

For the purposes of these Terms of Use:

• Country refers to Massachusetts, United States.
• Company ("the Company," "we," "us," or "our") refers to Midnight Brunch LLC, Waltham, Massachusetts.
• Device means any device that can access the website, such as a computer, cellphone, or tablet.
• Terms means these Terms of Use, which form the entire agreement between you and the Company regarding use of the website.
• Third-Party Service means any service or content provided by a third party that may be displayed, included, or made available through the website.
• Website refers to Midnight Brunch, accessible from
  https://midnightbrunch.com
  .
• You means the individual accessing or using the website, or the company or other legal entity on behalf of which such individual is acting, as applicable.

Acknowledgment

These Terms govern your use of this website and the agreement between you and the Company. They set out the rights and obligations of all users of the website.

Your access to and use of the website is conditioned on your acceptance of and compliance with these Terms, which apply to all visitors, users, and others who access or use the website. By accessing or using the website, you agree to be bound by these Terms. If you disagree with any part of them, you may not access the website.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the website.

Your access to and use of the website is also conditioned on your acceptance of our Privacy Policy, which describes how we collect, use, and disclose your personal information. Please read it carefully before using the website.

Links to Other Websites

Our website may contain links to third-party websites or services not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party sites or services. You further acknowledge and agree that the Company is not responsible or liable, directly or indirectly, for any damage or loss caused by or related to the use of or reliance on any content, goods, or services available through such third-party sites. We strongly advise you to review the terms and privacy policies of any third-party sites you visit.

Termination

We may terminate or suspend your access immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the website ceases immediately.

Limitation of Liability

To the maximum extent permitted by law, the entire liability of the Company and its suppliers under any provision of these Terms, and your exclusive remedy, shall be limited to $100 USD.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including damages for loss of profits, loss of data, business interruption, or personal injury) arising out of or related to the use of or inability to use the website, even if advised of the possibility of such damages.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so some of the above limitations may not apply to you. In those cases, liability will be limited to the greatest extent permitted by law.

"As Is" and "As Available" Disclaimer

The website is provided to you "as is" and "as available," with all faults and defects, without warranty of any kind. To the maximum extent permitted by law, the Company disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. The Company does not warrant that the website will meet your requirements, operate without interruption, or be error-free, or that any errors will be corrected.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. Where they don't, the exclusions in this section apply to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflict of law rules, govern these Terms and your use of the website. Your use of the website may also be subject to other local, state, national, or international laws.

Dispute Resolution

If you have any concern or dispute about the website, you agree to first try to resolve the dispute informally by contacting the Company.

United States Legal Compliance

You represent and warrant that (i) you are not located in a country subject to a United States government embargo or designated by the U.S. government as a "terrorist supporting" country, and (ii) you are not listed on any U.S. government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held unenforceable or invalid, that provision will be changed and interpreted to accomplish its objectives to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or require performance of an obligation under these Terms does not affect a party's ability to exercise that right or require that performance at any later time, nor does waiving a breach constitute a waiver of any subsequent breach.

Changes to These Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice before the new terms take effect. By continuing to access or use the website after those revisions become effective, you agree to be bound by the revised terms.

Contact Us

If you have questions about these Terms, you can reach us:

• By email:
  hello@midnightbrunch.com
• By visiting our
  Contact page
• By phone:
  (617) 419-0037

View our Privacy Policy →