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