<p style="text-align: center;">&nbsp;</p> <p style="text-align: center;">&nbsp;</p> <p style="text-align: center;"><strong><span style="font-size: 14pt;">TASTABLE TERMS OF USE</span><br /><br /></strong></p> <p style="text-align: center;"><strong> <strong>NOTICE: THIS AGREEMENT CONTAINS, AMONG OTHER THINGS, AN</strong><br /><strong>ARBITRATION PROVISION CONTAINING WAIVERS</strong><br /><strong>OF CLASS ACTIONS AND JURY TRIALS.</strong><br /><strong>Please see paragraph 28, below, for full details.</strong><br /><br /></strong></p> <p>&nbsp; &nbsp; &nbsp; &nbsp; &nbsp;These terms are legally binding; before you continue, you should print or save a copy of&nbsp;this Agreement for your records.</p> <p style="text-align: left;">&nbsp; &nbsp; &nbsp; &nbsp; &nbsp;These Tastable Terms of Use (<strong>&ldquo;Agreement&rdquo;</strong>) apply to your use of: (1) the Tastable website at&nbsp;http://www.Tastable.co and all affiliated websites owned and operated solely by Tastable LLC&nbsp;(collectively, the <strong>&ldquo;Tastable Site&rdquo;</strong>), (2) the restaurant reservation services made available by Tastable&nbsp;through the Tastable Site, any Tastable-branded application for your mobile or other device&nbsp;(collectively, the <strong>&ldquo;Tastable Application&rdquo;</strong>), and any other online properties of Tastable or third-parties, (3) any Tastable Application, and (4) any other services or features made available by Tastable&nbsp;through the Tastable Site or any Tastable Application. Together, the items in (1) through (4) are the&nbsp;<strong>&ldquo;Services&rdquo;</strong>.</p> <p style="text-align: left;">&nbsp; &nbsp; &nbsp; &nbsp; &nbsp;1. &nbsp; &nbsp;&nbsp;<strong>Definitions.</strong> In this Agreement, <strong>&ldquo;Tastable&rdquo;</strong> and <strong>&ldquo;we&rdquo;</strong> mean Tastable LLC, and <strong>&ldquo;User&rdquo;</strong>&nbsp;<strong>&ldquo;you&rdquo;</strong> and <strong>&ldquo;your&rdquo;</strong> mean any user of the Services. Other terms shall be defined as hereinafter provided.</p> <p style="text-align: left;">&nbsp; &nbsp; &nbsp; &nbsp; &nbsp;2. &nbsp; &nbsp;&nbsp;<strong>Acceptance of Terms.</strong> In order to use the Services, you must first agree to the terms&nbsp;and conditions contained in this Agreement, including any revisions thereof. You may not use the Services&nbsp;if you do not accept these terms and conditions. You can accept the terms and conditions of this&nbsp;Agreement by: (a) clicking to accept or agree to the Terms, where this option is made available to you; or&nbsp;(b) by actually using the Services. In this case, you understand and agree that Tastable will treat your use&nbsp;of the Services as acceptance of the Agreement from that point onwards. You may not use the Services&nbsp;and may not accept the Agreement if you are not of legal age to form a binding contract with Tastable or&nbsp;you are a person barred from receiving the Services under the laws of the United States or other countries,&nbsp;including the country in which you are resident or from which you use the Services.</p> <p>&nbsp; &nbsp; &nbsp; &nbsp; &nbsp;3. &nbsp; &nbsp;&nbsp;<strong>Changes to Agreement.</strong> Tastable may update or revise this Agreement (including any&nbsp;Tastable Polices) from time-to-time. You agree that you will review this Agreement periodically. You may&nbsp;decide whether to accept a modified version of this Agreement by the actions described in Paragraph 2,&nbsp;but acceptance of modifications to this Agreement is required for you to continue using the Services after&nbsp;such modification has been posted to the Tastable Site. If you do not agree to any terms of this&nbsp;Agreement, including any revisions or modifications thereof, your sole recourse is to terminate your use&nbsp;of the Services, in which case you will no longer have access to your Account (as defined below). Except&nbsp;as otherwise expressly stated in writing by Tastable,&nbsp;this Agreement in effect at the time of use.</p> <p>&nbsp; &nbsp; &nbsp; &nbsp; &nbsp;4. &nbsp; &nbsp;&nbsp;<strong>Restaurant Reservations.</strong> Tastable provides the Reservation Services to User for the&nbsp;purpose of assisting User in securing dining reservations at participating third-party restaurants (each, a&nbsp;<strong>&ldquo;Restaurant&rdquo;</strong>). In response to a User&rsquo;s online request for a Restaurant reservation through the Tastable&nbsp;Site or Tastable Application, Tastable directly contacts the Restaurant&rsquo;s computerized database of&nbsp;reservations. The availability of reservations is determined at the time of User&rsquo;s query and may be subject&nbsp;to the limitations of each Restaurant. Once a reservation is made by User through the Tastable Site or&nbsp;Tastable Application, Tastable will provide confirmation of the reservation to User by email at the address&nbsp;User provides.</p> <p>&nbsp; &nbsp; &nbsp; &nbsp; &nbsp;5. &nbsp; &nbsp;&nbsp;<strong>No-Show Policy.</strong> Tastable reserves the right to terminate User&rsquo;s account if the User, on&nbsp;multiple occasions, fails to appear at a reservation at a Restaurant or to cancel any reservation at least 30&nbsp;minutes prior to the time of the reservation. User agrees that all determinations to terminate an account&nbsp;under this provision at Tastable&rsquo;s sole discretion.</p> <p>&nbsp; &nbsp; &nbsp; &nbsp; &nbsp;6. &nbsp; &nbsp;&nbsp;<strong>Usage Guidelines.</strong> User agrees to use the Services for User&rsquo;s personal use. Resale or&nbsp;attempted resale of reservations is prohibited and is grounds for, among other things, cancellation of your&nbsp;reservations or termination of your access to the Services.</p> <p>&nbsp; &nbsp; &nbsp; &nbsp; &nbsp;7. &nbsp; &nbsp;&nbsp;<strong>Privacy Policy and Disclosure of Information.</strong> Tastable is committed to helping you&nbsp;safeguard your privacy online. Please review our privacy policy for details about how we collect, use, and&nbsp;disclose information in connection with the Services. However, you acknowledge and agree that Tastable&nbsp;may access, preserve, and disclose your User Information or User Content if required to do so by law or&nbsp;in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (a) comply&nbsp;with legal process; (b) enforce the Agreement; (c) respond to your requests for customer service; or (d)&nbsp;protect the rights, property, or safety of you, Tastable, or any third-party.</p> <p>&nbsp; &nbsp; &nbsp; &nbsp; &nbsp;8. &nbsp; &nbsp;&nbsp;<strong>Your Account.</strong> You may create an account with Tastable through the Tastable Site or&nbsp;Tastable Application (<strong>&ldquo;Account&rdquo;</strong>) in order to use the Reservation Services. When registering for an&nbsp;Account, you must provide User&rsquo;s true, accurate, current, and complete data (<strong>&ldquo;User Information&rdquo;</strong>). You&nbsp;also agree to promptly update the User Information to keep it true, accurate, current, and complete. You&nbsp;are solely responsible for maintaining the confidentiality of your Account and the information in your&nbsp;Account, and, except as otherwise required by applicable law, you are solely responsible for all use of your&nbsp;Account, whether or not authorized by you. You agree to immediately notify Tastable of any&nbsp;unauthorized use of your Account or any other breach of security related to your use of the Services.</p> <p>&nbsp; &nbsp; &nbsp; &nbsp; &nbsp;9. &nbsp; &nbsp;&nbsp;<strong>Communications from Tastable.</strong> One or more of the Services may use GPS locator&nbsp;capabilities to identify your current location. If you provide a mobile phone number, you hereby expressly&nbsp;consent to receive SMS text messages from Tastable regarding the Services and as otherwise described in&nbsp;our privacy policy. In order to use the SMS-based Services, you must maintain an active account with a&nbsp;carrier of electronic communications through mobile devices and you may not use a prepaid cellular&nbsp;phone to access the Services. User understands that these communications may result in charges to the&nbsp;User from his or her mobile services provider. User agrees to accept sole responsibility for any such&nbsp;charges.</p> <p>&nbsp; &nbsp; &nbsp; &nbsp; &nbsp;10. &nbsp; &nbsp;&nbsp;<strong>Technical Requirements.</strong> Use of the Services requires Internet access through your&nbsp;computer or mobile device. Tastable does not guarantee that the Services will be compatible with all&nbsp;devices or will be supported by all mobile carriers. You may be required to have third-party software,&nbsp;(such as JavaScript or similar software) installed and enabled to use the Services, and some features and&nbsp;portions of the Services may not be accessible with such software disabled. User agrees that any and all&nbsp;charges resulting from the use of any third-party software shall be User&rsquo;s sole responsibility.</p> <p>&nbsp; &nbsp; &nbsp; &nbsp; &nbsp;11. &nbsp; &nbsp;&nbsp;<strong>Modifications to Services.</strong> Tastable reserves the right, in its sole discretion, to modify&nbsp;or suspend (temporarily or permanently) the Services from time to time and without notice, including,&nbsp;without limitation, by removing, adding, or modifying portions of the Tastable Site, Tastable Application,&nbsp;and/or Restaurants. Tastable shall have no liability to you for any of the foregoing actions. If you object&nbsp;to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services&nbsp;following any such changes shall indicate your acknowledgment of such changes and satisfaction with all&nbsp;the Services.</p> <p>&nbsp; &nbsp; &nbsp; &nbsp; &nbsp;12. &nbsp; &nbsp;&nbsp;<strong>Intellectual Property Rights and Grant of Rights to User.</strong> The features, information,&nbsp;and materials provided and depicted through the Services are protected by copyright, trademark, patent,&nbsp;and/or other intellectual property laws. All text, graphical content, video, data, and other content made&nbsp;available through the Services (collectively, the &ldquo;Tastable Content&rdquo;) are provided to User by Tastable&nbsp;or its partners or licensors solely to support User&rsquo;s permitted use of the Services. The Tastable Content&nbsp;may be modified from time to time by Tastable in its sole discretion. Except as expressly set forth herein,&nbsp;no license is granted to User for any other purpose, and any other use of the Services or the Tastable&nbsp;Content by User shall constitute a material breach of this Agreement. Tastable and its partners or licensors&nbsp;retain all rights in the Services and Tastable Content and any associated patents, trademarks, copyrights,&nbsp;mask work rights, trade secrets, or other intellectual property rights. No license, right, or interest in any&nbsp;trademarks of Tastable or any third party is granted under this Agreement.</p> <p>&nbsp; &nbsp; &nbsp; &nbsp; &nbsp;13. &nbsp; &nbsp;&nbsp;<strong>Application License.</strong> Subject to the terms and conditions of this Agreement, Tastable&nbsp;grants User a non-exclusive, non-transferable, revocable license to use the Tastable Application, in object&nbsp;code form only, on User&rsquo;s compatible mobile devices, solely to support User&rsquo;s permitted use of the&nbsp;Services.</p> <p>&nbsp; &nbsp; &nbsp; &nbsp; &nbsp;14. &nbsp; &nbsp;&nbsp;<strong>Use Restrictions.</strong> The Services and Tastable Content are offered solely for User&rsquo;s&nbsp;personal use for the purposes described in this Agreement. Any and all other uses are prohibited. Tastable&nbsp;expressly reserves all its rights and remedies under applicable state and federal laws. Tastable reserves the&nbsp;right, in its sole discretion, to refuse service, terminate Accounts, remove or edit content, cancel&nbsp;reservations, or deny access to the Services. You agree not to (and not to allow any third party to): (1) use&nbsp;any deep-link, robot, spider, scraper, or other automatic or manual device, process, or means to access,&nbsp;copy, search, or monitor any portion of the Services or Tastable Content, except as expressly authorized&nbsp;in writing by Tastable; (2) take any action that imposes or may impose (in Tastable&rsquo;s sole determination)&nbsp;an unreasonable or a disproportionately large load on the Services or Tastable&rsquo;s infrastructure; (3) utilize&nbsp;any device, software, or routine that will interfere or attempt to interfere with the functionality of the&nbsp;Services; (4) rent, lease, copy, provide access to or sublicense any portion of the Services or Tastable&nbsp;Content to a third party; (5) use any portion of the Services or Tastable Content to provide, or incorporate&nbsp;any portion of the Services or Tastable Content into, any product or service provided to a third party; (6)&nbsp;reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non-public APIs&nbsp;to the Services, except to the extent expressly permitted by applicable law (and then only upon advance&nbsp;notice to Tastable); (7) modify any Services or Tastable Content or create any derivative product from&nbsp;any of the foregoing; (8) remove or obscure any proprietary or other notices contained in the Services or&nbsp;Tastable Content; (9) use the Services or Tastable Content for any illegal purpose; or (10) publicly&nbsp;disseminate information regarding the performance of the Services or Tastable Content or access or use&nbsp;the Services or Tastable Content for competitive analysis or benchmarking purposes.</p> <p>&nbsp; &nbsp; &nbsp; &nbsp; &nbsp;15. &nbsp; &nbsp;&nbsp;<strong>Government End Users.</strong> The Services constitute a &ldquo;commercial item&rdquo; as defined at 48&nbsp;C.F.R. 2.101, consisting of &ldquo;commercial computer software&rdquo; and &ldquo;commercial computer software&nbsp;documentation&rdquo; as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48&nbsp;C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire any Tastable Application&nbsp;with only those rights set forth therein.</p> <p>&nbsp; &nbsp; &nbsp; &nbsp; &nbsp;16. &nbsp; &nbsp;&nbsp;<strong>Export Control.</strong> You may not use, export, or re-export any TastableApplication or other&nbsp;aspects of the Services (or any copy or adaptation of the foregoing) in violation of applicable law,&nbsp;including, without limitation, United States and foreign export laws and regulations. You represent and&nbsp;warrant that you are not located in a country that is subject to a U.S. Government embargo or that has&nbsp;been designated by the U.S. Government as a &ldquo;terrorist supporting&rdquo; country and that you are not listed&nbsp;on any U.S. Government list of prohibited or restricted parties.</p> <p>&nbsp; &nbsp; &nbsp; &nbsp; &nbsp;17. &nbsp; &nbsp;&nbsp;<strong>Termination.</strong> Tastable may suspend your ability to use all or any element of the Services&nbsp;or may terminate this Agreement effective immediately, without notice or explanation. Without limiting&nbsp;the foregoing, Tastable may suspend your access to the Services if we believe you to be in violation of&nbsp;any part of this Agreement (including any Tastable Policies). After any suspension or termination, you&nbsp;may or may not be granted permission to use the Services or re-establish an Account. You agree that&nbsp;Tastable shall not be liable to you for any termination of this Agreement or for any effects of any&nbsp;termination of this Agreement. You are always free to discontinue your use of the Services at any time.&nbsp;You understand that any termination of your Account may involve deletion of any content stored in your&nbsp;Account for which Tastable will have no liability whatsoever.</p> <p>&nbsp; &nbsp; &nbsp; &nbsp; &nbsp;18. &nbsp; &nbsp;&nbsp;<strong>Reviews, Comments, Communications, and Other Content.</strong> The Services may&nbsp;permit you to submit reviews, comments, and ratings; send emails and other communications; and submit&nbsp;suggestions, ideas, comments, questions, or other information for publication and distribution to&nbsp;restaurants and other third parties (<strong>&ldquo;User Content&rdquo;</strong>). Any such User Content must not be illegal,&nbsp;threatening, obscene, racist, defamatory, libelous, pornographic, infringing of intellectual property rights,&nbsp;promoting of illegal activity or harm to groups and/or individuals, invasive of privacy, purposely false or&nbsp;otherwise injurious to third parties, or objectionable and must not consist of or contain software,&nbsp;computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form&nbsp;of &ldquo;spam&rdquo; or references to illegal activity, malpractice, purposeful overcharging, false advertising, or&nbsp;health code violations (e.g., foreign objects in food, food poisoning, etc.). You may not use a false email&nbsp;address, impersonate any person or entity, or otherwise mislead as to the origin of User Content. Tastable&nbsp;reserves the right (but has no obligation) to monitor, remove, or edit User Content in Tastable&rsquo;s sole&nbsp;discretion, including if User Content violates this Agreement (including any Tastable Policies), but you&nbsp;acknowledge that Tastable may not regularly review submitted User Content. If you do submit User&nbsp;Content, and unless we indicate in writing otherwise, you grant Tastable a nonexclusive, perpetual,&nbsp;royalty-free, irrevocable, and fully sublicensable (through multiple tiers) right to use, modify, reproduce,&nbsp;adapt, translate, publish, create derivative works from, distribute, display, and otherwise exploit such User&nbsp;Content throughout the world in any media. Tastable takes no responsibility and assumes no liability for&nbsp;any User Content submitted by you or any other User or third party.</p> <p>&nbsp; &nbsp; &nbsp; &nbsp; &nbsp;19. &nbsp; &nbsp;&nbsp;<strong>Your Representations and Indemnity.</strong> You represent and warrant that you own or&nbsp;otherwise control all of the rights to any User Content submitted by you; that all User Content submitted&nbsp;by you is accurate; and that exploitation of such User Content by Tastable and its other Users, partners,&nbsp;and licensees will not violate this Agreement, cause injury to any person or entity, or infringe any third-party rights (including, without limitation, intellectual property rights and rights of privacy or publicity).&nbsp;You will indemnify, hold harmless, and (at Tastable&rsquo;s request) defend Tastable, its affiliates, and its and&nbsp;their representatives, agents, directors, managers, officers, employees, and shareholders (collectively, the&nbsp;<strong>&ldquo;Tastable Parties&rdquo;</strong>) from and against all claims resulting from (1) any User Content submitted by you,&nbsp;(2) your use of the Services, or (3) any breach or alleged breach by you of this Agreement.</p> <p>&nbsp; &nbsp; &nbsp; &nbsp; &nbsp;20. &nbsp; &nbsp;&nbsp;<strong>Liability Limitations.</strong> TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN&nbsp;NO EVENT SHALL THE TASTABLE PARTIES BE LIABLE FOR ANY INJURIES, LOSSES,&nbsp;CLAIMS, OR DIRECT DAMAGES OR ANY SPECIAL, EXEMPLARY, PUNITIVE,&nbsp;INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN&nbsp;CONTRACT, TORT, OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF&nbsp;SUCH DAMAGES, WHICH ARISE OUT OF OR ARE ANY WAY CONNECTED WITH: (1) THIS&nbsp;AGREEMENT, (2) ANY USE OF THE SERVICES, THE TASTABLE CONTENT, OR THE USER&nbsp;CONTENT, (3) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE&nbsp;OR INABILITY TO USE ANY COMPONENT OF THE RESERVATION SERVICES OR&nbsp;PAYMENT SERVICES), OR (4) YOUR VISIT TO ANY RESTAURANT OR THE&nbsp;PERFORMANCE, NON-PERFORMANCE, CONDUCT, OR POLICIES OF ANY&nbsp;RESTAURANT OR MERCHANT IN CONNECTION WITH THE SERVICES. IN ADDITION,&nbsp;YOU SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD-PARTY DIRECTING&nbsp;YOU TO THE TASTABLE SITE BY REFERRAL, LINK, OR ANY OTHER MEANS IS NOT&nbsp;LIABLE TO USER FOR ANY REASON WHATSOEVER, INCLUDING, BUT NOT LIMITED&nbsp;TO, DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE SERVICES OR THE&nbsp;TASTABLE CONTENT. TASTABLE IS NEITHER AN AGENT OF NOR OTHERWISE&nbsp;ASSOCIATED WITH ANY RESTAURANT FOR WHICH A USER HAS MADE A&nbsp;RESERVATION.&nbsp;IF THE DISCLAIMER OF DIRECT DAMAGES ABOVE IS NOT PERMITTED BY LAW, YOU&nbsp;EXPRESSLY AGREE THAT OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING&nbsp;FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND&nbsp;REGARDLESS OF THE FORM OF THE ACTION) WILL AT ALL TIMES BE LIMITED TO&nbsp;FIFTY US DOLLARS ($50).</p> <p>You and Tastable understand and agree that the disclaimers, exclusions, and limitations in this&nbsp;paragraph 20 and in paragraph 21 are essential elements of this Agreement and that they represent a&nbsp;reasonable allocation of risk. In particular, you understand that Tastable would be unable to make the&nbsp;Services available to you except on these terms and agree that this Agreement will survive and apply&nbsp;even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.</p> <p>&nbsp; &nbsp; &nbsp; &nbsp; &nbsp;21. &nbsp; &nbsp;&nbsp;<strong>Disclaimer of Warranties.</strong> THE SERVICES, ALL TASTABLE CONTENT, AND&nbsp;ANY OTHER INFORMATION, PRODUCTS, AND MATERIALS CONTAINED IN OR&nbsp;ACCESSED THROUGH THE SERVICES, ARE PROVIDED TO USER ON AN &ldquo;AS IS&rdquo; AND&nbsp;AN &ldquo;AS AVAILABLE&rdquo; BASIS AND WITHOUT WARRANTY OF ANY KIND. TASTABLE&nbsp;EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, OR&nbsp;INDEMNITIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY&nbsp;WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR&nbsp;NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING,&nbsp;PERFORMANCE, OR TRADE USAGE. TASTABLE DOES NOT WARRANT THAT YOUR USE&nbsp;OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT TASTABLE WILL&nbsp;REVIEW THE INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE&nbsp;SERVICES FOR ACCURACY, OR THAT IT WILL PRESERVE OR MAINTAIN ANY SUCH&nbsp;INFORMATION OR MATERIALS WITHOUT LOSS. TASTABLE SHALL NOT BE LIABLE&nbsp;FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES, OR OTHER PROBLEMS INHERENT&nbsp;IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER&nbsp;SYSTEMS OUTSIDE THE REASONABLE CONTROL OF TASTABLE.&nbsp;THE FOREGOING DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY&nbsp;LAW. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, THE DURATION OF&nbsp;STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE&nbsp;MAXIMUM EXTENT PERMITTED BY LAW.</p> <p>&nbsp; &nbsp; &nbsp; &nbsp; &nbsp;22. &nbsp; &nbsp;&nbsp;<strong>Links to Third-Party Websites.</strong> The Services may contain hypertext links to websites&nbsp;operated by parties other than Tastable. Such hypertext links are provided for User&rsquo;s reference only, and&nbsp;Tastable does not control such websites and is not responsible for their content. Tastable&rsquo;s inclusion of&nbsp;any hypertext links to such websites does not imply any endorsement of the material on such websites or&nbsp;any association with their operators. Tastable assumes no liability whatsoever for any such third-party&nbsp;websites or any content, features, products, or services made available through such third-party websites.&nbsp;User agrees not to hold Tastable responsible for any content or other information, whether apparent or&nbsp;latent, that any such third-party site provides the User.</p> <p>&nbsp; &nbsp; &nbsp; &nbsp; &nbsp;23. &nbsp; &nbsp;&nbsp;<strong>Release.</strong> Restaurants are solely responsible for their interactions with you and any and&nbsp;all claims, injuries, illnesses, damages, liabilities, and costs (<strong>&ldquo;Claims&rdquo;</strong>) suffered by you as a result of your&nbsp;interaction with or visit to any Restaurant or from any product or service of any Restaurant. You hereby&nbsp;release the Tastable Parties from any and all such Claims. You hereby expressly waive and relinquish all&nbsp;rights and benefits under that section and any law of any jurisdiction of similar effect with respect to the&nbsp;release of any unknown or unsuspected claims you may have against the Tastable Parties pertaining to&nbsp;the subject matter of this paragraph 23.</p> <p>&nbsp; &nbsp; &nbsp; &nbsp; &nbsp;24. &nbsp; &nbsp;&nbsp;<strong>Notify Us of Infringers.</strong> If you believe any of the Services violate your copyright, notify&nbsp;our copyright agent in writing. The contact information for our copyright agent is at the bottom of this&nbsp;Section. In order for us to take action, your notice must contain the following information:</p> <p>&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; (a) provide your physical or electronic signature;</p> <p>&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; (b) identify the copyrighted work that you believe is being infringed;</p> <p>&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; (c) identify the item that you think is infringing your work and include sufficient&nbsp;information about where the material is located so that we can find it;</p> <p>&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; (d) provide us with a way to contact you, such as your address, telephone number, or&nbsp;email;</p> <p>&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; (e) provide a statement that you believe in good faith that the item you have identified&nbsp;as infringing is not authorized by the copyright owner, its agent, or the law to be used&nbsp;in connection with the Services; and</p> <p>&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; (f) provide a statement that the information you provide in your notice is accurate, and&nbsp;that (under penalty of perjury) you are authorized to act on behalf of the copyright&nbsp;owner whose work is being infringed.</p> <p>The contact information for our copyright agent is:</p> <p>Copyright Enforcement</p> <p>Tastable, LLC</p> <p>338 w. 63RD Street</p> <p>Kansas City, MO 64113</p> <p>info@Tastable.co</p> <p>Again, we cannot take action unless you give us all the required information.</p> <p>&nbsp; &nbsp; &nbsp; &nbsp; &nbsp;25. &nbsp; &nbsp;&nbsp;<strong>Severability.</strong> If any of the provisions, or portions thereof, of this Agreement are found&nbsp;to be invalid under any applicable statute or rule of law, then, that provision (or portion thereof)&nbsp;notwithstanding, this Agreement shall remain in full force and effect and such provision or portion&nbsp;thereof shall be deemed omitted.</p> <p>&nbsp; &nbsp; &nbsp; &nbsp; &nbsp;26. &nbsp; &nbsp;&nbsp;<strong>Assignment.</strong> This Agreement and the rights granted and obligations undertaken&nbsp;hereunder may not be transferred, assigned, or delegated in any manner by User, but may be freely&nbsp;transferred, assigned, or delegated by Tastable.</p> <p>&nbsp; &nbsp; &nbsp; &nbsp; &nbsp;27. &nbsp; &nbsp;&nbsp;<strong>Waiver.</strong> Any waiver of any provision of this Agreement, or a delay by any party in the&nbsp;enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an&nbsp;expectation of non-enforcement of that or any other provision or right.</p> <p>&nbsp; &nbsp; &nbsp; &nbsp; &nbsp;28. &nbsp; &nbsp;&nbsp;<strong>ARBITRATION AGREEMENT AND JURY TRIAL WAIVER, CLASS&nbsp;ACTION WAIVER, AND FORUM SELECTION CLAUSE.</strong> ANY AND ALL&nbsp;CONTROVERSIES, DISPUTES, DEMANDS, COUNTS, CLAIMS, OR CAUSES OF ACTION&nbsp;(INCLUDING THE INTERPRETATION AND SCOPE OF THIS CLAUSE, AND THE&nbsp;ARBITRABILITY OF THE CONTROVERSY, DISPUTE, DEMAND, COUNT, CLAIM, OR&nbsp;CAUSE OF ACTION) BETWEEN YOU AND THE TASTABLE PARTIES OR THEIR&nbsp;SUCCESSORS OR ASSIGNS SHALL EXCLUSIVELY BE SETTLED THROUGH BINDING&nbsp;AND CONFIDENTIAL ARBITRATION.</p> <p>The arbitration shall be conducted before one commercial arbitrator with substantial experience in&nbsp;resolving commercial contract disputes from the American Arbitration Association (<strong>&ldquo;AAA&rdquo;</strong>). As&nbsp;modified by this Agreement, and unless otherwise agreed upon by the parties in writing, the arbitration&nbsp;will be governed by the AAA&rsquo;s Commercial Arbitration Rules and, if the arbitrator deems them&nbsp;applicable, the Supplementary Procedures for Consumer Related Disputes (collectively, the <strong>&ldquo;Rules&nbsp;and Procedures&rdquo;</strong>).</p> <p>YOU ARE THUS GIVING UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND&nbsp;YOUR RIGHTS. Instead, your rights will be determined by a neutral arbitrator and not a judge or&nbsp;jury. Arbitrator decisions are as enforceable as any court order and are subject to very limited review by&nbsp;a court. Failure or refusal to participate in an arbitration proceeding may result in the permanent loss&nbsp;of your claim.&nbsp;</p> <p>You and Tastable must abide by the following rules: (1) ANY CLAIMS BROUGHT BY YOU OR&nbsp;TASTABLE MUST BE BROUGHT IN THE PARTY&rsquo;S INDIVIDUAL CAPACITY, AND NOT&nbsp;AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR&nbsp;REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE&nbsp;MORE THAN ONE PERSON&rsquo;S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY&nbsp;FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD&nbsp;CLASS-WIDE RELIEF; (3) the arbitrator shall honor claims of privilege and privacy recognized at&nbsp;law; (4) the arbitration shall be confidential, and neither you nor we may disclose the existence, content&nbsp;or results of any arbitration, except as may be required by law or for purposes of enforcement of the&nbsp;arbitration award; (5) the arbitrator may award any individual relief or individual remedies that are&nbsp;permitted by applicable law; and (6) the prevailing party shall be entitled to recover its attorneys&rsquo; fees&nbsp;from the non-prevailing party, including all fees associated with negotiation, settlement, at trial, during&nbsp;arbitration, or on appeal.&nbsp;</p> <p>Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse&nbsp;Act, and infringement or misappropriation of the other party&rsquo;s patent, copyright, trademark, or trade&nbsp;secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in&nbsp;the state court located in Johnson County, Kansas or the Kansas Federal District Court. Additionally,&nbsp;notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before&nbsp;the state court located in Johnson County, Kansas or the Kansas Federal District Court in order to&nbsp;maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal&nbsp;jurisdiction of the state court located in Johnson County, Kansas or the Kansas Federal District Court&nbsp;for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.</p> <p>With the exception of subparts (1) and (2) in this Section (prohibiting arbitration on a class or&nbsp;collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable, or&nbsp;illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration&nbsp;provision shall remain in effect and shall be construed in accordance with its terms as if the invalid,&nbsp;unenforceable, illegal or conflicting part was not contained herein. If, however, either subpart (1) or&nbsp;(2) is found to be invalid, unenforceable, or illegal, then the entirety of this arbitration provision shall&nbsp;be null and void, and neither you nor Tastable shall be entitled to arbitration. If for any reason a claim&nbsp;proceeds in court rather than in arbitration, the dispute shall be exclusively brought in the state court&nbsp;located in Johnson County, Kansas or the Kansas Federal District Court.</p> <p>&nbsp; &nbsp; &nbsp; &nbsp; &nbsp;29. &nbsp; &nbsp;&nbsp;<strong>Choice of Law.</strong> This Agreement is made under and shall be governed by and construed&nbsp;in accordance with the laws of the State of Kansas, consistent with the Kansas Arbitration Act and the&nbsp;Federal Arbitration Act, without giving effect to any principles that provide for the application of the law&nbsp;of another jurisdiction.</p> <p>&nbsp; &nbsp; &nbsp; &nbsp; &nbsp;30. &nbsp; &nbsp;&nbsp;<strong>Entire Agreement.</strong> This Agreement is the entire understanding between you and&nbsp;Tastable with respect to the Services and supersede any prior written or oral understanding or agreement&nbsp;relating to the Services.</p> <p style="text-align: center;"><strong>NOTICE: THIS AGREEMENT CONTAINS, AMONG OTHER THINGS, AN</strong></p> <p style="text-align: center;"><strong>ARBITRATION PROVISION CONTAINING WAIVERS</strong></p> <p style="text-align: center;"><strong>OF CLASS ACTIONS AND JURY TRIALS.</strong></p> <p style="text-align: center;"><strong>Please see paragraph 28, above, for full details.</strong></p> <p>REVISION DATE: January 6, 2016.</p>