Agreement between User and EJW Media, Inc.
MostRomanticTable.com is owned and operated by EJW Media, Inc. (“EJW Media”, “EJW Media, Inc.”, or “we”). This website, along with any EJW Media, Inc. mobile site and mobile and tablet applications is intended for personal, noncommercial use. This Agreement describes the terms and conditions applicable to the services available through this Site (defined below). This Agreement describes your responsibilities and, among other things, limits the liability of EJW Media, Inc. and its third-party suppliers or providers including, without limitation, the restaurants and other suppliers that provide dining or other services through this site (such third parties collectively referred to as the “Dining Services Providers”). BEFORE SUBMITTING A RESERVATION REQUEST FORM AND/OR USING ANY OF THESE SERVICES, PLEASE READ ALL OF THIS AGREEMENT CAREFULLY. BY ACCESSING ANY AREAS OF THIS SITE, USERS (“USERS” OR “YOU”) AGREE TO BE LEGALLY BOUND WITHOUT LIMITATION, QUALIFICATION, OR CHANGE AND TO ABIDE BY THESE TERMS AND CONDITIONS, WHICH WILL CONSTITUTE OUR AGREEMENT (“AGREEMENT”). If at any time you do not agree with any part of this Agreement, YOU MUST DISCONTINUE USE OF THIS SITE. EJW Media, Inc. reserves the right, in its sole discretion, to amend, modify, or alter this Agreement at any time by posting the amended terms on this Site. We recommend that you review these terms and conditions periodically. The amended terms shall be effective from and after the date that they are posted on the Site. Additional terms may apply when you book services or when you participate in sweepstakes or other promotions available on www.mostromantictable.com.
WITHOUT LIMITATION OF ANY OTHER PROVISIONS OF THIS AGREEMENT, YOU MAY NOT USE THIS SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO THIS SITE MAY BE TERMINATED IMMEDIATELY IN EJW MEDIA, INC.’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISION OF THIS AGREEMENT AND/OR ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON.
Table of Contents
- General Terms and Conditions
- Arbitration and Dispute Resolution
- Copyright Notice and Claims of Copyright Infringement
- Trademark Notice
- Acceptable Use/License
- Accounts, Security, Passwords
- Disclaimer of Warranties
- No Agency Relationship
- General Limitation of Liability
- Indemnification and Chargebacks
- Third Parties
- User Comments, Feedback and Other Submissions
- Response to Requests
- Links to Other Web Sites and Services
- Modification/Termination of Usage
- Electronic Notification
- International Use
- Dining Services
General Terms and Conditions
Arbitration and Dispute Resolution
Disputes and Arbitration
EJW Media, Inc. is committed to customer satisfaction. If you have a problem or dispute, we will try to resolve it. If we are unsuccessful, you may pursue your claim as explained in this section.
These Terms and Conditions shall be governed by the laws of the State of California, United States of America, without regard to conflict of laws provisions that would result in the application of the laws of any other jurisdiction. All Claims or other matters in dispute between you or any Third-party (as defined in Paragraph K, below) and EJW Media, Inc., its subsidiaries or affiliates, or any Dining Services Providers or companies offering products or services through the Site, whether based upon contract, tort, statute, or otherwise, shall likewise be governed by the laws of the State of California, without regard to conflict of laws provisions that would result in the application of the laws of any other jurisdiction.
Limitation on Claims
Unless otherwise prohibited by applicable law, any Claim must be brought within two (2) years from the date on which such Claim arose or accrued.
PLEASE READ THIS PROVISION CAREFULLY. IT REQUIRES THAT ANY AND ALL CLAIMS MUST BE RESOLVED BY BINDING ARBITRATION OR IN SMALL CLAIMS COURT, AND IT PREVENTS YOU FROM PURSUING A CLASS ACTION OR SIMILAR PROCEEDING IN ANY FORUM. THESE LIMITATIONS APPLY TO ANY CLAIMS AGAINST EJW MEDIA, INC., ITS SUBSIDIARIES OR AFFILIATES, OR ANY DINING SERVICES PROVIDERS OR COMPANIES OFFERING PRODUCTS OR SERVICES THROUGH THE SITE.
IN ARBITRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR INSTEAD OF A JUDGE OR JURY. THE ARBITRATOR’S DECISION WILL GENERALLY BE FINAL AND BINDING, WITH NO RIGHT OF APPEAL. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN COURT PROCEDURES.
By using this Site, you, any Third-party (as defined in paragraph K, below), and EJW Media, Inc. agree that any Claim, including claims regarding the applicability or validity of this arbitration provision, shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the then applicable Rules and Procedures established by AAA (“Rules and Procedures”), except that, pursuant to subsection (e) below, under no circumstances may any claim be brought or arbitrated as a class action or be joined with another person’s claim, or proceed on a basis involving claims brought on a purported representative capacity (either on behalf of the general public or other users or persons). This agreement applies to, and includes, any and all Claims, including any Claims that arose prior to entering this agreement.
As an exception to arbitration, you, any Third-party, and EJW Media, Inc. retain the right to pursue in a small claims court located in the federal judicial district that includes your or the Third-party’s billing address at the time of the Claim, any Claim that is within the court’s jurisdiction and proceeds on an individual basis. All Claims you or a Third-party bring against EJW Media, Inc., its subsidiaries or affiliates, or any dining service providers or companies offering products or services through the Site must be resolved in accordance with this Disputes and Arbitration Section. All Claims filed or brought contrary to this Section shall be considered improperly filed and void.
If you decide to seek arbitration, you must first send, by certified mail, a written Notice of Dispute (“Notice”) addressed to: Legal Department, EJW Media, Inc., 6605 Ascot Drive, Oakland, CA 94611 (“Notice Address”). The Notice must (i) describe the nature and basis of the Claim; and (ii) set forth the specific relief sought. If EJW Media, Inc. and you, or EJW Media, Inc. and any Third-party, do not reach an agreement to resolve the Claim within 60 days after the Notice is received, you, or the Third-party, may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you, any Third-party, or EJW Media, Inc. is entitled. A form to initiate arbitration may be downloaded here.
The arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for you, or any Third-party asserting a Claim), or at such other location as may be mutually agreed upon.
To the extent that any Claim is held not to be subject to arbitration and proceeds in a Court other than small claims court, such Claim shall be filed only in the United States District Court for California or, if there is no federal jurisdiction over the action, in the courts of the State of California located in Alameda County, California. You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such Claim that is not subject to the arbitration provision and not pursued in small claims court, and agree that any such claim shall be resolved individually, without resort to any form of class action (as described more fully in section I.A.2.e below). You further agree that any and all Claims or other matters asserted in such dispute, whether based upon contract, tort, statute, or otherwise, shall be governed by the laws of the State of California, without regard to conflict of laws provisions that would result in the application of the laws of any other jurisdiction.
YOU AND ANY THIRD-PARTY FURTHER AGREE THAT NO PROCEEDING AGAINST EJW MEDIA, INC., ITS SUBSIDIARIES OR AFFILIATES, OR ANY DINING SERVICES PROVIDERS OR COMPANIES OFFERING PRODUCTS OR SERVICES THROUGH THE SITE (UNDER THIS PROVISION OR OTHERWISE) MAY PROCEED AS A CLASS ACTION, BE JOINED WITH ANOTHER PERSON’S CLAIM, OR PROCEED ON A BASIS INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY (EITHER ON BEHALF OF THE GENERAL PUBLIC OR OTHER USERS OR PERSONS). ANY AND ALL PROCEEDINGS TO RESOLVE CLAIMS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS. IN ADDITION, NO ARBITRATION PROCEEDING UNDER THIS PROVISION SHALL BE CONSOLIDATED OR JOINED IN ANY WAY WITH ANY OTHER ARBITRATION PROCEEDING WITHOUT THE EXPRESS WRITTEN CONSENT OF ALL PARTIES.
If you prevail in the arbitration of any Claim against EJW Media, Inc. and are awarded an amount greater than EJW Media, Inc.’s last written settlement offer to you, EJW Media, Inc. will pay a minimum recovery of $5,000, and EJW Media, Inc. will reimburse you for all reasonable attorney’s fees incurred in arbitrating the Claim(s) upon which you have prevailed. If any Third-party prevails in the arbitration of any Claim against EJW Media, Inc. and is awarded an amount greater than EJW Media, Inc.’s last written settlement offer to such Third-party, EJW Media, Inc. will pay a minimum recovery of $5,000 to the Third-party, and EJW Media, Inc. will reimburse such Third-party for all reasonable attorney’s fees incurred in arbitrating the Claim upon which he or she has prevailed. Any dispute regarding attorney’s fees to be paid pursuant to this paragraph will be decided by the arbitrator who decided the underlying Claim. If you or the Third-party do not prevail on the claim or prevail but are awarded an amount less than or equal to EJW Media, Inc.’s last written settlement offer to you, EJW Media, Inc. will pay only the amount of the award, not the minimum recovery or attorneys’ fees.
With the exception of sub-part (e) above (the class action waiver), if any part of this arbitration provision is held to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, 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 provision were not contained herein. If, however, subpart (e) above (the class action waiver) is held to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor any Third-party, nor EJW Media, Inc. shall be entitled to arbitrate their dispute.
Arbitration rules and forms may be obtained from AAA at http://www.adr.org or by calling AAA at 1-800-778-7879.
IF YOU OR ANY THIRD-PARTY DO NOT CHOOSE TO ACCEPT THIS BINDING ARBITRATION PROVISION, YOU OR SUCH THIRD-PARTY MUST NOTIFY EJW MEDIA, INC.. IN WRITING BY CERTIFIED MAIL WITHIN THIRTY (30) DAYS OF YOUR PURCHASE OR BEFORE YOU BEGIN TO USE THE SERVICES PURCHASED ON THIS SITE, WHICHEVER DATE IS SOONER. SUCH NOTICE SHALL BE SENT TO THE NOTICE ADDRESS DEFINED IN SUBSECTION (b), ABOVE. IF YOU SO NOTIFY US BY THAT TIME THAT YOU DO NOT ACCEPT THE BINDING ARBITRATION PROVISION, YOU AND ANY SUCH THIRD-PARTY MAY NOT CONTINUE TO PURCHASE SERVICES OR PRODUCTS ON THIS SITE UNLESS AND UNTIL EJW MEDIA, INC. NOTIFIES YOU OR SUCH THIRD-PARTY OTHERWISE. EJW MEDIA, INC. SHALL HAVE THE RIGHT TO PROHIBIT YOUR AND SUCH THIRD-PARTY’S FUTURE PURCHASE OF SERVICES OR PRODUCTS ON THIS SITE.
Copyright Notice and Claims of Copyright Infringement
You, the User, acknowledge that all content included on this Site, including the information, data, software, photographs, graphs, video, typefaces, graphics, music, sounds, images, illustrations, maps, designs, icons, written and other material (collectively, “Content”) and the arrangement and compilation of the Content are intellectual property and copyrighted works of EJW Media, Inc. Reproduction or storage of information or works retrieved from this Site, in all forms, media and technologies now existing or hereafter developed, is subject to the U.S. Copyright Act of 1976, Title 17 of the United States Code, or other applicable laws, and all applicable international copyright treaties and conventions, including without limitation, the Berne Convention and the Universal Copyright Convention.
CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information:
- A clear identification of the copyrighted work you claim was infringed.
- A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Site, such as a link to the infringing material.
- Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
- A statement that you have a “good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.
- A statement that “the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices with respect to this Site should be sent to us by any of the following methods: email to firstname.lastname@example.org, by mail to the address below, by phone at the number below, or by facsimile to the number below:EJW Media, Inc.
Attn: IP/Trademark Counsel
We will review and address all notices that comply with the requirements above.
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that you may be liable for damages if you make a false claim of copyright infringement.
“www.mostromantictable.com”, “EJW Media, Inc.”, “DisruptDining”, as well as additional marks not mentioned here, are registered service marks of EJW Media, Inc. Other product and company names identified on this Site may be the name, trademark, trade name, service mark, logo, symbol or other proprietary designation of EJW Media, Inc. or a third-party. The use on this Site of any name, trade name, trademark, service mark, logo, symbol or other proprietary designation or marking of or belonging to any third-party, and the availability of specific goods or services from such third-party through this Site, should not be construed as an endorsement or sponsorship of this Site by any such third-party, or the participation by such third-party in the offering of goods, services or information through this Site.
EJW Media, Inc. grants you a limited, personal, nontransferable, non-sub licensable, revocable license to access and use this Site only as expressly permitted in this Agreement. Except for this limited license, we do not grant you any other rights or license with respect to this Site; any rights or license not expressly granted herein are reserved. The content and information on this Site (including, without limitation, price and availability of dining services), as well as the infrastructure used to provide such content and information, is proprietary to EJW Media, Inc.and/or a Dining Services Providers. Accordingly, as a condition of using this Site, you agree not to use this Site or its contents or information for any commercial or non-personal purpose (direct or indirect) or for any purpose that is unlawful or prohibited by this Agreement. While you may make limited copies of your dining reservation information (and related documents) for dining or services purchased through this Site, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from this Site. In addition, whether or not you have a commercial purpose, you agree not to:
- access, monitor or copy any content or information of this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without express written permission of EJW Media, Inc.;
- violate the restrictions in any robot exclusion headers on this Site or bypass or circumvent other measures employed to prevent or limit access to this Site;
- take any action that imposes, or may impose, in the discretion of EJW Media, Inc., an unreasonable or disproportionately large load on the EJW Media, Inc. infrastructure;
- deep-link to any portion of this Site (including, without limitation, the purchase path for any dining services) for any purpose;
- deliver any unlawful (according to local, state, federal, or international law or regulation) postings to or through this Site, or any postings which advocate illegal activity;
- deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, tortuous, harassing, hateful or otherwise objectionable;
- deliver or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
- deliver or provide links to, any postings containing defamatory, false or libelous material;
- deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity;
- deliver any posting that you do not have a right to make available under law or contractual or fiduciary relationships;
- manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver;
- use this Site in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of this Site or other users’ computer equipment, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment;
- attempt to gain unauthorized access to this Site, any related website, other accounts, computer system, or networks connected to this Site, through hacking, password mining, or any other means; or
- obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site, including harvesting or otherwise collecting information about others such as email addresses.
You may only use this Site to make legitimate reservations, purchases or requests to purchase the products or services offered (each, a “Request”) and shall not use this Site to make any speculative, false or fraudulent Requests or any Requests in anticipation of demand. You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of this Site. You agree to provide correct and true information in connection with your use of this Site and you agree to promptly update your account information (if applicable) in order to keep it current, complete and accurate. It is a violation of law to place a Request in a false name or with an invalid method of payment. Please be aware that even if you do not give us your real name, your web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users will be prosecuted to the fullest extent of the law.
EJW Media, Inc. reserves the right to cancel any reservation or any other transaction that it reasonably believes to have been fraudulently made including, by unauthorized use of a credit or debit card.
Accounts, Security, Passwords
You may register to utilize this Site by completing the specified registration process and providing us with current, complete, and accurate information as requested by the online registration form. It is your responsibility to maintain the currency, completeness and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. As part of the registration process, you may be asked to choose a security question. It is entirely your responsibility to maintain the confidentiality of your security question and your account. You agree to notify EJW Media, Inc. immediately of any unauthorized use of your account. EJW Media, Inc. is not liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge.
Disclaimer of Warranties
ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS SITE ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. EJW MEDIA, INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE, EJW MEDIA, INC. DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. EJW MEDIA, INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS SITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE AND/OR ITS SERVERS WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. EJW MEDIA, INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS SITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.
EJW MEDIA, INC. IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF TICKET ORDERS OR, ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
WITHOUT LIMITING THE FOREGOING, NO WARRANTY OR GUARANTEE IS MADE (I) REGARDING THE ACCEPTANCE OF ANY REQUEST, (II) THAT A USER WILL BE ABLE TO OBTAIN A RESERVATION AT A DINING SERVICES PROVIDER ON ANY SPECIFIC DATE OR TIME, (III) REGARDING THE AVAILABILITY OF RESERVATIONS THROUGH THIS SITE OR, WHERE APPLICABLE, AT ANY PARTICIPATING DINING SERVICES PROVIDER, OR (IV) REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE.
No Agency Relationship
EJW Media, Inc. does not agree to act as your agent or fiduciary in providing services through the Site.
Persons under the age of 18 are not eligible to purchase, cancel or modify any services available through EJW Media, Inc.
General Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EJW MEDIA, INC., INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, PARENTS, SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, SUPPLIERS, LICENSORS, AGENTS OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THE SITE AND ITS CONTENTS (COLLECTIVELY THE “COVERED PARTIES”), BE LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, COMPENSATORY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO: (I) LOSS OF GOODWILL, PROFITS, BUSINESS INTERRUPTION, DATA OR OTHER INTANGIBLE LOSSES; (II) YOUR INABILITY TO USE, UNAUTHORIZED USE OF, PERFORMANCE OR NON-PERFORMANCE OF THE SITE; (III) UNAUTHORIZED ACCESS TO OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS; (IV) THE PROVISION OR FAILURE TO PROVIDE ANY SERVICE; (V) ERRORS OR INACCURACIES CONTAINED ON THE SITE OR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE; (VI) ANY TRANSACTIONS ENTERED INTO THROUGH THIS SITE; (VII) ANY PROPERTY DAMAGE INCLUDING DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, DURING OR ON ACCOUNT OF ACCESS TO OR USE OF THIS SITE OR ANY SITE TO WHICH IT PROVIDES HYPERLINKS; OR (VIII) DAMAGES OTHERWISE ARISING OUT OF THE USE OF THE SITE, ANY DELAY OR INABILITY TO USE THE SITE, OR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SITE. THE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF A COVERED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
FURTHER, THE DINING SERVICES PROVIDERS ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE COVERED PARTIES. TO THE EXTENT PERMITTED BY LAW, THE COVERED PARTIES DO NOT ASSUME LIABILITY FOR ANY INJURY, DAMAGE, DEATH, LOSS, ACCIDENT OR DELAY DUE TO AN ACT OR OMISSION OF A DINING SERVICES PROVIDER, INCLUDING, WITHOUT LIMITATION, AN ACT OF NEGLIGENCE OR THE DEFAULT OF A DINING SERVICES PROVIDER, OR AN ACT OF GOD. FURTHER AND TO THE EXTENT PERMITTED BY LAW, NO RESPONSIBILITIES ARE ACCEPTED FOR ANY DAMAGE AND/OR DELAY DUE TO SICKNESS, PILFERAGE, LABOR DISPUTES, BANKRUPTCY, MACHINERY BREAKDOWN, QUARANTINE, GOVERNMENT RESTRAINTS, WEATHER, TERRORISM OR CAUSES BEYOND THE COVERED PARTIES’ CONTROL. NO RESPONSIBILITY IS ACCEPTED FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, FAILURE TO MAKE CONNECTIONS, RE-ROUTING OR ACTS OF ANY GOVERNMENTAL AUTHORITY.
No Covered Party shall be responsible for any Dining Services Provider’s breach of any warranty including, but not limited to, implied warranties of fitness for a particular purpose or of merchantability, nor shall any Covered Party be responsible for any other wrongdoing of a Dining Services Provider (including any liability in tort), as to any products and/or services available through this Site. No Covered Party shall be responsible for any Dining Services Provider’s failure to comply with this Agreement nor for any Dining Services Provider’s failure to comply with applicable federal, state, provincial and local law.
If, notwithstanding the above, a Covered Party is found liable for any loss or damage relating to the use of this Site, User agrees the liability of any such party shall in no event exceed the total charge to the User assessed by EJW Media, Inc.for making a Request. Some states or jurisdictions, to the extent their law might be deemed to apply notwithstanding the selection of California law as described below, do not allow the limitation of liability, so the foregoing limitations might not apply to you.
Indemnification and Chargebacks
You agree to defend and indemnify EJW Media, Inc. and the Covered Parties from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought (i) by you or on behalf of you in excess of the liability described above; or (ii) by third parties as a result of:
- your breach of this Agreement
- your violation of any law or the rights of a third party; or
- your use of this Site in violation of this Agreement.
You, the User, agree to indemnify, hold harmless and defend EJW Media, Inc. against credit card chargebacks arising out of:
- Any problems by the User associated with the underlying dining service; or
- unauthorized charges by family, friends, associates or other third parties with direct access to the User’s credit card.
If you use this Site to submit Requests for or on behalf of a third-party (“Third-party”), such as a family member or a dining companion, you are responsible for any error in the accuracy of information provided in connection with such use; including, but not limited to, the billing address and phone number of the credit card holder. These should match what is on file with their financial institution. In addition, you must inform the Third-party of all Terms and Conditions applicable to all products or services acquired through this Site including all rules and restrictions applicable thereto. Each User using this Site for or on behalf of a Third-party agrees to indemnify and hold each Covered Party harmless from and against any and all liabilities, losses, damages, suits and claims (including the costs of defense), relating to the Third-party’s or the User’s failure to fulfill any of its obligations as described above. You are directly responsible for any Request submitted including for total charges and performance obligations.
User Comments, Feedback, and Other Submissions
Certain portions of the Site may permit you to submit post, transmit or upload content created by you (“User Submissions”), which may include, without limitation, photographs, information, text, images, graphics, video, comments, suggestions, ideas (including product and advertising ideas), posts to blogs / social networks (including any EJW Media, Inc. branded Facebook, Twitter or similar channel) / discussion forums, and/or communications with other Site users. User Submissions also include content you post on social media and give EJW Media, Inc. permission to use, for example, by your posting of a hashtag “DisruptDining” is promoting or other indication of acceptance of these terms and conditions.
In connection with User Submissions, you agree that you will not submit any User Submission that: (a) includes material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights (including, without limitation, trademark, privacy and publicity rights) unless you are the owner of such rights or have express permission from their rightful owner to post the material and to grant the rights granted herein; (b) includes any material that by itself, or by its use as permitted in this Agreement, infringes upon, misappropriates or violates the rights of any person or entity or any applicable laws; (c) is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate; (d) contains advertisements or solicitations of any funds, goods or services; (e) is a communication by a user impersonating another user; (f) contains personal information, such as messages which identify an individual’s names, telephone numbers, social security numbers, account numbers and/or addresses; or (g) could be considered bulk unsolicited communications.
By submitting, transmitting, posting, uploading, modifying or otherwise providing any User Submission to EJW Media, Inc. via the Site, social media or otherwise, whether solicited or unsolicited, you agree that you are granting EJW Media, Inc. a royalty-free, fully paid, non-exclusive, irrevocable, perpetual, unrestricted, worldwide, sub-licensable, transferable license to use, reproduce, broadcast, publish, transmit, perform, display, create derivative works from, translate, adapt, modify, distribute, exhibit, disseminate and otherwise exploit (collectively, “Use”) such User Submission for any purpose, including, without limitation, advertising, marketing and promotional purposes, in any media, now or hereafter known, even if this Agreement is later modified or terminated.
No credit, approval or compensation is due to you for any such Use of any User Submission you may submit. EJW Media, Inc. shall also have the right, but not the obligation, to Use your username (and real name, image, likeness, caption, location information and/or other identifying information, if provided in connection with User Submissions), in connection with broadcast, print, online or any other Use of your User Submissions. All User Submissions become the unrestricted licensed property of EJW Media, Inc.
By submitting, posting, transmitting or uploading a User Submission via the Site, social media or otherwise, you authorize EJW Media, Inc. to make copies thereof and retain such User Submission and copies as EJW Media, Inc. deems necessary to facilitate the Use of the User Submission.
You represent and warrant that neither any User Submission, nor the Use of any User Submission as permitted in this Agreement, will infringe upon, misappropriate or violate the intellectual property, privacy, publicity, statutory, contractual, personal or other rights of any person or entity or any applicable law, and that you have obtained all necessary rights for the grants to EJW Media, Inc., including without limitation, written releases of all rights of privacy and publicity from all individuals included in any way in the User Submission.
Although EJW Media, Inc. is under no obligation to review or monitor User Submissions, EJW Media, Inc. reserves the absolute right to do so in its sole discretion. In addition, EJW Media, Inc. reserves the right to alter, edit, refuse to post or remove any User Submission, in whole or in part, for any reason or for no reason. EJW Media, Inc. also reserves the right to terminate your account if you violate any term of this Agreement or our policies, as determined in our sole discretion. You agree that EJW Media, Inc. does not have any obligation to use or respond to any User Submission. EJW Media, Inc. has no control over whether such User Submissions are of a nature that you might find offensive, distasteful or otherwise unacceptable and, accordingly, the EJW Media, Inc. expressly disclaims any and all responsibility for User Submissions.
EJW Media, Inc. will fully cooperate with any law enforcement authorities or court order requesting or directing EJW Media, Inc. to disclose the identity of anyone posting User Submissions that violate these Terms and Conditions or any law or regulation. EJW Media, Inc. may also disclose such information if it has a good faith belief that such disclosure is reasonably necessary to protect the rights, property, or personal safety of EJW Media, Inc., its customers or the public.
By submitting a User Submission, you acknowledge that any personal data supplied by you may be used by EJW Media, Inc. or its agents for the purpose of sending commercial marketing and communication emails to you. EJW Media, Inc. may also share any such personal data with third parties for the purpose of commercial marketing and communications. You hereby consent to such use. You have the right to access, modify and request the destruction of your personal data at any time by sending a request to EJW Media, Inc.; and you have the right to opt out from receiving such marketing and communication at any time by sending a message to EJW Media, Inc..
You agree to defend and indemnify EJW Media, Inc., including its respective officers, directors, employees, representatives, parents, subsidiaries, affiliates, distributors, suppliers, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available the Site and its contents, from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of any allegation related to any User Submission that you make available or create through the Site, including without limitation, any User Submission that you make available or create through the Site infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party.
Response to Requests
While EJW Media, Inc.will use its good faith efforts to respond to Requests within the time periods indicated on this Site, no guarantee is made that the status of your Request will be made available to you within the stated processing time. Neither EJW Media, Inc. nor any Dining Services Providers are responsible for any errors or delays in responding to a Request including, without limitation, error or delays in responding to a Request caused by an incorrect e-mail address or other data provided by you or other technical problems beyond their control.
Links to Other Web Sites and Services
To the extent this Site contains links to outside services and resources, or to the extent that third party websites link to this Site, any concerns regarding such services or resources should be directed to the particular outside service or resource provider. EJW Media, Inc. does not monitor or control the linked sites and makes no representations regarding, and is not liable or responsible for the accuracy, completeness, timeliness, reliability, or availability of any of the content uploaded, displayed, or distributed, or products or services available at these sites. If you choose to access any third-party site, you do so at your own risk. The presence of a link to a third-party site does not constitute or imply EJW Media, Inc.’s endorsement, sponsorship, or recommendation of the third-party, or of the content, products or services contained on, or available through, any such third-party site.
Modification/Termination of Usage
EJW Media, Inc. reserves the right, in its sole discretion, to modify, suspend, or terminate this Site and/or any portion thereof, including any service or product available through the Site, and/or your profile, Account password, or use of the Site, or any portion thereof, at any time for any reason with or without notice to you. In the event of termination, you will still be bound by your obligations under this Agreement and any additional terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, EJW Media, Inc. shall not be liable to you or any third-party for any termination of your access to this Site.
To the extent that we need to contact you, you agree that we may do so via any electronic means, including but not limited to communications posted on this Site or electronic mail.
Accessing materials on this Site by certain persons in certain countries may not be lawful, and EJW Media, Inc. makes no representation that materials on this Site are appropriate or available for use in locations outside of the United States, other than the countries listed here. If you are resident in a country other than the counties listed here, you must not transact business with this Site.
Unless otherwise expressly permitted, websites may not hyperlink to any page beyond the homepage of this Site or frame this Site or any web page or material herein, nor may any entity hyperlink any aspect of this Site in an email for commercial purposes without the express written permission of EJW Media, Inc.
The captions in this Agreement are only for convenience, and do not, in any way, limit or otherwise define the terms and provisions of this Agreement.
This Agreement, and the related parts of this Agreement relating to each service represent the entire agreement between you and each Covered Party regarding your use of this Site and supersede any prior statements, representations, or prior versions of these Terms and Conditions relating to the use of the Site that were displayed on this Site before. We reserve the right to modify, revise or update this Agreement from time to time by updating this posting. Your continued use of this Site will be subject to the terms of this Agreement in effect at the time of your use. Certain provisions of this Agreement may be superseded by expressly designated legal notices or terms located elsewhere on this Site, which will be adequately brought to your attention. In the event that any provision of this Agreement is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
Dining Service Providers
You agree to abide by the terms or conditions of purchase or dining imposed by any Dining Services Provider, including, but not limited to, dress codes, corkage fees, entree substitution, pet policies, payment of all amounts when due and compliance with the Dining Services Provider’s rules and restrictions regarding availability and use of their services. You understand that any violation of any such Dining Service Provider’s conditions may result in cancellation of your reservation(s) or purchase(s), in your being denied access to any Dining Services Providers, in your forfeiting any monies paid for such reservation(s) or purchase(s), and in EJW Media, Inc. debiting your account for any costs EJW Media, Inc. incurs as a result of such violation. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this Site.
You agree that we will not be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with the performance or non performance of any Dining Service Provider, including, but not limited to, non performance resulting from bankruptcy, reorganization, insolvency, dissolution or liquidation, even if we have been advised of the possibility of any such damages. In the event of non performance resulting from bankruptcy, reorganization, insolvency, dissolution or liquidation of a Dining Service Provider, you agree that your sole recourse shall be toward such Dining Services Provider and not toward us.
At EJW Media, Inc., we have no special knowledge regarding the suitability for disabled persons of any reservation. For information concerning the suitability for disabled persons for any reservation, contact the Dining Services Provider directly.
Important Information Regarding Currency and Exchange Rates
Purchases made on our Site are transacted in different currencies, depending on the user’s IP address and/or the currency that the user selects. If you make a purchase from us using a credit or debit card, please be aware that, due to the constant fluctuation in exchange rates, our charge to your card or the estimated charge amount we provide you, may differ based on the exchange rate at the time you make your reservation versus the rate at the time the charge is reflected on your credit card statement. Also, in the event that we must credit your account, we will refund the exact amount in the currency initially charged and will not be responsible for any fluctuations in exchange rates which may cause differences in your billing statement.
While you should call EJW Media, Inc. (800-756-4071) if you wish to cancel a cancellable reservation in advance of your reservation, if you are going to be delayed on the date of your reservation or find that you cannot dine at the restaurant you booked on the date you requested, you should contact the restaurant to let them know. If you fail to check in for your reservation within 15 minutes of the reservation time, your table may be given away, and you will not be entitled to a refund. In that event, EJW Media, Inc. and the Dining Services Provider will credit your account and you will be allowed to use the credit for another reservation with that specific Dining Services Provider for another date.
If you have disability needs (for example only, you need a wheelchair accessible table or require the use of a service animal) you must call the Dining Services Provider and verify that disability needs can be met. If your disability needs cannot be accommodated by the Dining Services Provider, please call EJW Media, Inc. customer service.