Termsand Conditions

Terms and Conditions 

Agreement between User and thecatfishhut.net 

Welcome to thecatfishhut.net. The thecatfishhut.net website (the “Site”) is comprised of various  web pages operated by The Catfish Hut (“The Catfish Hut”). thecatfishhut.net is offered to you  conditioned on your acceptance without modification of the terms, conditions, and notices  contained herein (the “Terms”). Your use of thecatfishhut.net constitutes your agreement to all such  Terms. Please read these terms carefully, and keep a copy of them for your reference wwwthecatfishhut.net is an E-Commerce Site.  We are opening a food truck.  

Electronic Communications 

Visiting thecatfishhut.net or sending emails to The Catfish Hut constitutes electronic  communications. You consent to receive electronic communications and you agree that all  agreements, notices, disclosures and other communications that we provide to you electronically,  via email and on the Site, satisfy any legal requirement that such communications be in writing. 

Children Under Thirteen 

The Catfish Hut does not knowingly collect, either online or offline, personal information from  persons under the age of thirteen. If you are under 18, you may use thecatfishhut.net only with  permission of a parent or guardian.  

Links to Third Party Sites/Third Party Services 

thecatfishhut.net may contain links to other websites (“Linked Sites”). The Linked Sites are not  under the control of The Catfish Hut and The Catfish Hut is not responsible for the contents of any  Linked Site, including without limitation any link contained in a Linked Site, or any changes or  updates to a Linked Site. The Catfish Hut is providing these links to you only as a convenience,  and the inclusion of any link does not imply endorsement by The Catfish Hut of the site or any  association with its operators.  

Certain services made available via thecatfishhut.net are delivered by third party sites and  organizations. By using any product, service or functionality originating from the thecatfishhut.net  domain, you hereby acknowledge and consent that The Catfish Hut may share such information  and data with any third party with whom The Catfish Hut has a contractual relationship to provide  the requested product, service or functionality on behalf of thecatfishhut.net users and customers.    

No Unlawful or Prohibited Use/Intellectual Property  

You are granted a non-exclusive, non-transferable, revocable license to access and use  thecatfishhut.net strictly in accordance with these terms of use. As a condition of your use of the  Site, you warrant to The Catfish Hut that you will not use the Site for any purpose that is unlawful  or prohibited by these Terms. You may not use the Site in any manner which could damage,  disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the  Site. You may not obtain or attempt to obtain any materials or information through any means not  intentionally made available or provided for through the Site.  

All content included as part of the Service, such as text, graphics, logos, images, as well as the  compilation thereof, and any software used on the Site, is the property of The Catfish Hut or its  suppliers and protected by copyright and other laws that protect intellectual property and  proprietary rights. You agree to observe and abide by all copyright and other proprietary notices,  legends or other restrictions contained in any such content and will not make any changes thereto.    

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create  derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.  The Catfish Hut content is not for resale. Your use of the Site does not entitle you to make any  unauthorized use of any protected content, and in particular you will not delete or alter any  proprietary rights or attribution notices in any content. You will use protected content solely for  your personal use, and will make no other use of the content without the express written  permission of The Catfish Hut and the copyright owner. You agree that you do not acquire any  ownership rights in any protected content. We do not grant you any licenses, express or implied,  to the intellectual property of The Catfish Hut or our licensors except as expressly authorized by  these Terms.  

Use of Communication Services 

The Site may contain bulletin board services, chat areas, news groups, forums, communities,  personal web pages, calendars, and/or other message or communication facilities designed to  enable you to communicate with the public at large or with a group (collectively, “Communication  Services”). You agree to use the Communication Services only to post, send and receive messages  and material that are proper and related to the particular Communication Service.  

By way of example, and not as a limitation, you agree that when using a Communication Service,  you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as  rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any  inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material  or information; upload files that contain software or other material protected by intellectual  property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or  have received all necessary consents; upload files that contain viruses, corrupted files, or any other  similar software or programs that may damage the operation of another’s computer; advertise or  offer to sell or buy any goods or services for any business purpose, unless such Communication  Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes  or chain letters; download any file posted by another user of a Communication Service that you  know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete  any author attributions, legal or other proper notices or proprietary designations or labels of the  origin or source of software or other material contained in a file that is uploaded; restrict or inhibit  any other user from using and enjoying the Communication Services; violate any code of conduct  or other guidelines which may be applicable for any particular Communication Service; harvest or  otherwise collect information about others, including e-mail addresses, without their consent;  violate any applicable laws or regulations.  The Catfish Hut has no obligation to monitor the Communication Services. However, The Catfish  Hut reserves the right to review materials posted to a Communication Service and to remove any  materials in its sole discretion. The Catfish Hut reserves the right to terminate your access to any or  all of the Communication Services at any time without notice for any reason whatsoever.    

The Catfish Hut reserves the right at all times to disclose any information as necessary to satisfy  any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or  to remove any information or materials, in whole or in part, in The Catfish Hut’s sole discretion.    

Always use caution when giving out any personally identifying information about yourself or your  children in any Communication Service. The Catfish Hut does not control or endorse the content,  messages or information found in any Communication Service and, therefore, The Catfish Hut  specifically disclaims any liability with regard to the Communication Services and any actions  resulting from your participation in any Communication Service. Managers and hosts are not  authorized The Catfish Hut spokespersons, and their views do not necessarily reflect those of The  Catfish Hut.  

Materials uploaded to a Communication Service may be subject to posted limitations on usage,  reproduction and/or dissemination. You are responsible for adhering to such limitations if you  upload the materials.  

Materials Provided to thecatfishhut.net or Posted on Any The Catfish Hut Web Page The Catfish Hut does not claim ownership of the materials you provide to thecatfishhut.net  (including feedback and suggestions) or post, upload, input or submit to any The Catfish Hut Site  or our associated services (collectively “Submissions”). However, by posting, uploading, inputting,  providing or submitting your Submission you are granting The Catfish Hut, our affiliated companies  and necessary sublicensees permission to use your Submission in connection with the operation of  their Internet businesses including, without limitation, the rights to: copy, distribute, transmit,  publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to  publish your name in connection with your Submission.  

No compensation will be paid with respect to the use of your Submission, as provided herein. The  Catfish Hut is under no obligation to post or use any Submission you may provide and may  remove any Submission at any time in The Catfish Hut’s sole discretion.  

By posting, uploading, inputting, providing or submitting your Submission you warrant and  represent that you own or otherwise control all of the rights to your Submission as described in this  section including, without limitation, all the rights necessary for you to provide, post, upload, input  or submit the Submissions.  

Third Party Accounts 

You will be able to connect your The Catfish Hut account to third party accounts. By connecting  your The Catfish Hut account to your third party account, you acknowledge and agree that you  are consenting to the continuous release of information about you to others (in accordance with  your privacy settings on those third party sites). If you do not want information about you to be  shared in this manner, do not use this feature.  

International Users 

The Service is controlled, operated and administered by The Catfish Hut from our offices within  the USA. If you access the Service from a location outside the USA, you are responsible for  compliance with all local laws. You agree that you will not use the The Catfish Hut Content  accessed through thecatfishhut.net in any country or in any manner prohibited by any applicable  laws, restrictions or regulations.  

Indemnification 

You agree to indemnify, defend and hold harmless The Catfish Hut, its officers, directors,  employees, agents and third parties, for any losses, costs, liabilities and expenses (including  reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or  services, any user postings made by you, your violation of any terms of this Agreement or your  violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.  The Catfish Hut 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  The Catfish Hut in asserting any available defenses.  

Arbitration 

In the event the parties are not able to resolve any dispute between them arising out of or  concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or  otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved  only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single  neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration  service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s  award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the  event that any legal or equitable action, proceeding or arbitration arises out of or concerns these  Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable  attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and  Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or  indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree  that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The  entire dispute, including the scope and enforceability of this arbitration provision shall be  determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms  and Conditions.  

Class Action Waiver 

Any arbitration under these Terms and Conditions will take place on an individual basis; class  arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE  THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S  INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY  PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH  AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE  OTHER. Further, unless both you and The Catfish Hut agree otherwise, the arbitrator may not  consolidate more than one person’s claims, and may not otherwise preside over any form of a  representative or class proceeding.  

Liability Disclaimer 

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR  AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR  

TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE  INFORMATION HEREIN. THE CATFISH HUT AND/OR ITS SUPPLIERS MAY MAKE  IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.  

THE CATFISH HUT AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT  THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY  OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED  GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM  EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION,  SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS  IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE CATFISH HUT  AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS  WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND  RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS  OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND  NON-INFRINGEMENT.  

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT  SHALL THE CATFISH HUT AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,  INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR  ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES  FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY  CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY  OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR  FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,  PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE,  OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON  CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF  THE CATFISH HUT OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE  POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT  ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL  OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.  IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF  THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO  

DISCONTINUE USING THE SITE.  

Termination/Access Restriction  

The Catfish Hut reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent  permitted by law, this agreement is governed by the laws of the State of Texas and you hereby  consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or  relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give  effect to all provisions of these Terms, including, without limitation, this section.  

You agree that no joint venture, partnership, employment, or agency relationship exists between  you and The Catfish Hut as a result of this agreement or use of the Site. The Catfish Hut’s  performance of this agreement is subject to existing laws and legal process, and nothing contained  in this agreement is in derogation of The Catfish Hut’s right to comply with governmental, court and  law enforcement requests or requirements relating to your use of the Site or information provided  to or gathered by The Catfish Hut with respect to such use. If any part of this agreement is  determined to be invalid or unenforceable pursuant to applicable law including, but not limited to,  the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable  provision will be deemed superseded by a valid, enforceable provision that most closely matches  the intent of the original provision and the remainder of the agreement shall continue in effect.    

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user  and The Catfish Hut with respect to the Site and it supersedes all prior or contemporaneous  communications and proposals, whether electronic, oral or written, between the user and The  Catfish Hut with respect to the Site. A printed version of this agreement and of any notice given in  electronic form shall be admissible in judicial or administrative proceedings based upon or relating  to this agreement to the same extent and subject to the same conditions as other business  documents and records originally generated and maintained in printed form. It is the express wish  to the parties that this agreement and all related documents be written in English.  

Changes to Terms 

The Catfish Hut reserves the right, in its sole discretion, to change the Terms under which  thecatfishhut.net is offered. The most current version of the Terms will supersede all previous  versions. The Catfish Hut encourages you to periodically review the Terms to stay informed of our  updates.  

Contact Us 

The Catfish Hut welcomes your questions or comments regarding the Terms:  

The Catfish Hut  

1304 MULHOLLAND DR  

GRAPEVINE, Texas 76051  

Email Address:  

Mitch@thecatfishhut.net

Telephone number:  

817-382-7307

Effective as of November 20, 2021