You must read, agree with, and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy before you may utilize the Service.

1. We reserve the right to modify or terminate the Service for any reason, with sixty (60) days’ notice. In the event Palette Labs, Inc determines that you are using the Service for any illegal purposes, we reserve the right to immediately modify or terminate the Service without notice.
2. We reserve the right to refuse service to new prospects for any reason at any time within sixty (60) days of purchase.
3. Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied, or statutory.
4. Palette Labs, Inc does not warrant that the Service will be uninterrupted, timely, secure, or error-free. However, our bare-metal and virtual network with third-party monitoring, multiple fail-safes, and backup systems is designed to provide fast, reliable service.
5. Palette Labs, Inc does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
6. You understand that your Content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
7. We may, but have no obligation to, remove Content and Accounts containing Content that we determine, in our sole discretion, are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violate any party’s intellectual property or these Terms of Service.
8. Palette Labs, Inc does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
9. You expressly understand and agree that Palette Labs, Inc shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses resulting from the use of or inability to use the Service.
10. Palette Labs, Inc reserves the right to include information/links on the bottom of all sites that utilize the Service. If this stamp is removed, per-order billing will be doubled with a $0.50 minimum per-order price, unless written consent is given by Palette Labs, Inc.
11. In no event shall Palette Labs, Inc or our suppliers be liable for lost profits or any special, incidental, or consequential damages arising out of or in connection with our site, our services, or this agreement (however arising, including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, partners, officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
12. Technical support is provided to paying account holders only.
13. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission of Palette Labs, Inc. Under no circumstances may this agreement—or rights under this agreement or affiliated with this Service—be transferred or sold without our express permission.
14. Verbal or written abuse of any kind (including threats of abuse or retribution) of any Palette Labs, Inc customer, employee, member, or officer will result in immediate account termination upon it being brought to our attention.
15. We do not claim any intellectual property rights over the material you provide to the Palette Labs, Inc service. All material you upload remains yours. You can remove your Palette Labs, Inc store at any time by deleting your account or notifying us, and we will delete any accounts with your company name. This will also remove all content you have stored on the Service. You do not, however, have the right to sell or transfer this application without our express permission. Access to your application is a Software-as-a-Service offering from Palette Labs, Inc to you. While you are entitled to a data dump of your relevant data, any software code, design, or legal rights associated with the application are Palette Labs, Inc property licensed to you.
16. By uploading images, media, and item description content to Palette Labs, Inc you agree to allow other internet users to view them and you agree to allow Palette Labs, Inc to display and store them, and you agree that Palette Labs, Inc can, at any time, review all content submitted by you to its Service. You also agree that said images, media, and item description content were lawfully obtained and that you have legal right to disseminate said images for commercial purposes. In the event you did not have legal right to disseminate the images for commercial purposes, you agree to indemnify and hold harmless Palette Labs, Inc against any copyright, trademark, or other rights holder with respect to the image, media, or item description, including attorneys’ fees.
17. The failure of Palette Labs, Inc to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitute the entire agreement between you and Palette Labs, Inc and govern your use of the Service, superseding any prior agreements between you and Palette Labs, Inc (including, but not limited to, any prior versions of the Terms of Service).
18. You retain ownership over all content that you submit to a Palette Labs, Inc store; however, by making your store public, you agree to allow others to view your content. Additionally, you grant Palette Labs, Inc a license to display and utilize said data to provide design services and access to the created application as Software-as-a-Service to you.
19. Palette Labs, Inc does not pre-screen Content and may, in its sole discretion, refuse or remove any Content that is available via the Service.
20. Indemnification. RDS shall indemnify, defend, and hold Palette Labs, Inc and each of its subsidiaries and affiliates, and each of their respective past or present officers, directors, agents, servants, employees, stockholders, predecessors, successors, or assigns, and all persons acting by, through, and under, or in concert with them, harmless against all losses, damages, claims, liabilities, and expenses (including reasonable legal fees) resulting from (i) any of its acts or omissions or the acts or omissions of its employees, contractors, or representatives hereunder; (ii) its breach of this Agreement, negligent acts or omissions, or willful misconduct in performing under this Agreement; (iii) claims that materials supplied by it infringe or conflict with the rights of third parties. RDS is responsible under this section for the actions of its employees, Customer Third-Party Providers, agents, and subcontractors; (iv) any damages or liability incurred against Palette Labs, Inc arising from delivery or marketing of food or restaurant services or any automobile transportation.
21. Damages. EXCEPT FOR INDIRECT DAMAGES AS A RESULT OF EITHER PARTY’S INDEMNIFICATION OBLIGATIONS HEREIN, IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR (A) ANY LOST PROFITS OR CONSEQUENTIAL, INDIRECT, PUNITIVE, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT, WHETHER SOUNDING IN CONTRACT, TORT, OR OTHERWISE, EVEN IF ONE OR BOTH PARTIES KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES ACKNOWLEDGE THAT THE TERMS OF THIS SECTION (AND ANY OTHER SECTION THAT REFLECTS THE ALLOCATION OF RISK) ARE FUNDAMENTAL TO THIS AGREEMENT AND THAT THE PARTIES WOULD NOT HAVE ENTERED INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS OF LIABILITY.
22. Relationship of Parties. The parties acknowledge that RDS is an independent entity utilizing our software as a service to connect RDS to clients requiring delivery services. RDS and RDS’s employees are not employees of Palette Labs, Inc. Nothing in this Agreement or any exhibit will be construed as creating a partnership, joint venture, agency, or fiduciary relationship between the parties, or as authorizing either party to act as agent for the other or to enter into contracts on behalf of the other.
23. Driver Terms of Service. All of your drivers must agree to the Driver Terms of Service. These terms of service may be enhanced from time to time to meet operational requirements.
24. Driver Vetting. You agree to monitor, supervise, and conduct a reasonable background inquiry on your drivers to ensure safe operation of their vehicles and delivery of their orders. You are responsible for designing, implementing, and ensuring said compliance is met by your drivers. You specifically indemnify Palette Labs, Inc, the Restaurant, and our affiliates from your failure to do so, or failure to properly do so.
25. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. By using this application you agree that all disputes under this product be settled at a State Court in Colorado, Federal Court in Colorado, or in front of a Colorado Arbitrator as may be required from time to time.