Convenience and information only; acceptance of terms.
By merely providing access to the Services, Hostme does not warrant or represent that: (a) the Content (defined as any text, materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on, uploaded to and/or downloaded from the Services is accurate, complete, up-to-date or current; (b) Hostme has any obligation to update any Content; (c) the Content is free from technical inaccuracies or typographical errors; (d) that the Content does not infringe on the intellectual property rights of any third party; (e) that the Content is free from changes caused by a third party; (f) your access to the Services will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained in response to questions asked through, or postings made on, the Services is accurate or complete. Your use of the Services is subject to federal law, the law of the state where Hostme maintains your Account, or, if Hostme transfers your Account to another location, where Hostme currently maintains your Account ("Applicable Law").
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as THE SERVICES ARE NOT INTENDED FOR CHILDREN UNDER 13 THAT ARE UNACCOMPANIED BY HIS OR HER PARENT OR LEGAL GUARDIAN.
Site use and content.
Permitted Use. Hostme grants you a limited, revocable, nonexclusive license to use the Services solely for your own reasonable commercial use in connection with the normal operation of the restaurant connected with the Account, and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from the Services , reverse engineer or break into the Services, or use any information in connection with the Services in violation of any law. For purposes of these Terms, your "reasonable commercial use" consists of accessing and using the names, email addresses, phone numbers, date of birth, loyalty transactions, restaurant visits and purchase history of individuals using the Services ("Patrons" and such information, "Patron Information") for the following purposes:
• To communicate with the Patron regarding a restaurant reservation requested by the Patron, including relaying wait time information and updates;
• To, upon the Patron's request, enroll the Patron in any applicable loyalty program operated through Hostme, and communicate with Patron regarding the loyalty program; and
• To communicate with the Patron for reasonable customer service objectives, such as requesting feedback on the Patron's experience.
Prohibited Uses. All other uses beyond the Permitted Uses above are strictly prohibited. The Patron Information is the sole property of Hostme, and is only furnished to you on a temporary basis in connection with the Permitted Uses during the use of the Services. You agree not to in any way copy, record or store such Patron Information, and you may only access such Patron Information while lawfully using the Services during the term of your contract with Hostme. You hereby disclaim any ownership rights in the Patron Information and agree not to assert any challenges to Hostme's ownership of the Patron Information.
License Grant. By posting messages, uploading files, inputting data (including financial data of Patrons such as the last 4 digits of Patron credit cards used in restaurant transactions and purchase dates and amounts), or engaging in any other form of communication through the Services, you are granting Hostme a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to: use, copy, sublicense, adapt, transmit, publicly perform or display any such communication; and sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication. The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.
User account, password, security and electronic account services.
Definitions. The following definitions govern the terms of this Paragraph 3 and as used elsewhere in these Terms:
Business Day means every day except Saturdays and Sundays and federal holidays.
Payment Account means your checking, savings or credit card account from which Hostme bill payments for your Account(s) may be made by you. Hostme recommends that you confirm with your banking institution any fees that you may be changed for bill payments from your Payment Account before designating a banking account as a Payment Account.
Payee means Hostme or its subsidiary to which you direct a payment.
Payment Instructions means the information provided by you for a bill payment to be made to Payee (i.e., banking account number, ABA number, payment date, payment amount, and any additional information).
Payment Due Date means the Business Day of your choice and as designated by you upon which your payment will be received by Payee and your Payment Account will be debited. Note: Your Payment Due Date may be no later than the "Due Date" set by Hostme for your most current bill.
Online account access. For certain types of features available now or in the future through the Services, including Online Account Access features (the "Online Service"), we require the use of encryption technologies provided for your protection and/or your use of a user identification name ("UserID") and password after setting up a user account ("User Account"). For self-enrollment, you must provide Account-specific information to authenticate yourself (e.g., Account owner name, restaurant/business name, address, phone number, email address, etc.). In these Terms, "you" and "your" refer to each person, or, if applicable, the entity who is an owner, signer, or has unrestricted access to a User Account and each person that uses the Online Service with your permission ("Authorized User"). You may never use another person's User Account and/or UserID without permission. When your Online Service is linked to one or more Accounts, Hostme may act on the oral, written, or electronic instructions of any authorized signer regarding your service for those Accounts. It is your responsibility to notify Hostme if an Authorized User should no longer be given access to an Account through the Online Service.
User account and password. We use reasonable precautions to protect the privacy of your UserID, password and User Account information by utilizing a Secure Socket Layer ("SSL") connection. Accordingly, your UserID, password and User Account information are encrypted using an SSL connection and are not expected to be read in an intelligible form as they travel to the Website. You, however, are ultimately responsible for protecting your UserID, password and User Account information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies. You are required to take reasonable precautions to safeguard your UserID and password. You agree to never leave your computer unattended while using the Online Service and to always exit the Online Service by clicking on "Log Out." You also agree to immediately notify Hostme of any unauthorized use of your UserID, password and/or User Account, or any other breach of security by calling by +1-929-266-4678 or by email at email@example.com. You are solely responsible for any activity that occurs with respect to your User Account and UserID. While we provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, error, interception or interruption.
Reliance by Hostme. You authorize Hostme to rely on your UserID and password to identify you when you use the Online Service, and as signature authorization for any payment made using the Online Service. You acknowledge and agree that you are responsible for all payments you make using the Online Service and for paying any and all late charges or penalties. You also acknowledge and agree that if you permit another person or persons to use the Online Service or give them your UserID and/or password, you are responsible for any payment that person makes to your Account, even if the person exceeds your authorization. You agree that Hostme may comply with the Payment Instructions entered by any person using your UserID and Password, subject to the terms set forth more fully below in the Unauthorized Payments section of these Terms.
Security. Hostme is committed to protecting the security and confidentiality of information about you and your Account and User Account. Hostme uses, and may in the future use, several different security methods to protect your Account and User Account information, including:
• You can only access the Online Service with certain browsers that have high security standards.
• The Online Service will automatically log off if prolonged periods of inactivity occur.
Email and Online Message Center. When you enroll in the Online Service, you must designate a primary email address that will be used for receiving electronic communication. To the extent that Hostme maintains an online message center now or in the future, such exchange of communications shall be considered an electronic communication and may be utilized by Hostme for providing you notices pursuant to these Terms, as required by Applicable Law (as permitted) or generally regarding your Account(s) with Hostme. Hostme will NEVER send you email requesting confidential information such as Account numbers, usernames, or passwords and you should NEVER respond to any email requesting such information. If you receive such an email purportedly from Hostme, do not respond to the email and notify Hostme by calling +1-929-266-4678 or forwarding the email to firstname.lastname@example.org.
Usage of Electronic Communication. By your enrollment in the Online Service, you agree to receive these Terms and any disclosures or notices required by Applicable Law and all other communications electronically to the email address you designate in your account profile. You also agree that Hostme may respond to any communication you send to Hostme with an electronic communication, regardless of whether your original communication with Hostme was an electronic communication. Any electronic communication Hostme sends to you will be considered received within one (1) calendar day of the date such communication is sent by computer servers utilized by Hostme to the email address you designate in your account profile or posted to Hostme's online message center (if applicable). To the extent permissible under Applicable Law, any electronic communication you send to Hostme will not be effective until Hostme has had a reasonable opportunity to act on the electronic communication. You should not rely on electronic communication if you need to communicate with Hostme immediately and, in no event, should your sole method of communication with Hostme regarding any emergency be by electronic communication. Hostme strongly suggests that you report all matters requiring immediate attention to Hostme by calling +1-929-266-4678. Hostme may require you to provide written confirmation of any verbal or electronic notice of alleged error by Hostme.
Making payments. If and when Hostme provides payment options through its Website or a third party payment processing service, you authorize Hostme to debit your Payment Account and remit funds on your behalf to the Payee. When Hostme receives a Payment Instruction, you have authorized Hostme to debit your Payment Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Payment Due Date as designated by you. You also authorize Hostme to credit your Payment Account for payments returned to you Hostme.
Insufficient funds to complete bill payment. You must have sufficient available funds in your Payment Account on the Payment Due Date. If your Payment Account has insufficient funds, the Bill Payment will not be completed. Should a Bill Payment fail because of insufficient funds in your Payment Account, an amount equal to Hostme's Returned Payment Fee then in effect will be applied to your Account.
Hostme's liability for failure to complete bill payments. If Hostme debits your Payment Account incorrectly, Hostme will be responsible for returning the improperly debited funds to your Payment Account. Hostme will not be liable to you or any third party for any other reason related to failure to complete Bill Payments.
Accurate information. In creating and using your User Account, you agree to: (i) provide true, accurate, current and complete information about yourself on any registration form required on the Services (such information being the "Registration Data"); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Hostme has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Hostme has the right to suspend or terminate your User Account and refuse any and all current or future use of your User Account.
Termination of account. Hostme reserves the right to terminate your use of the Online Service for any reason including but not limited to non-payment, late payments, misuse of the Services, or inactivity, and at any time without notice to you. You have the right to terminate your use of the Online Service by calling Hostme at +1-929-266-4678 or by writing to Hostme at the address provided at the end of these Terms. Any termination of your use of the Online Service, whether initiated by you or by Hostme, will not affect any of your or Hostme's rights and obligations under these Terms that have arisen before the effective date of such termination.
Related agreements. Your Account linked to the Online Service will also be governed by the agreements, disclosures, and other documents provided to you in connection with the opening of your Account, as they may be amended periodically. If any inconsistency exists between such other documentation and these Terms, then these Terms shall control to the extent of inconsistency.
NO WARRANTIES; INDEMNIFICATION. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND THEIR CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. HOSTME PROVIDES THE SERVICES ON A COMMERCIALLY REASONABLE BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE, THE APP, THE CONTENT OR ANY SERVICES OFFERED IN CONNECTION WITH THE SERVICES ARE OR SHALL REMAIN UNINTERRUPTED OR ERROR-FREE, THE CONTENT SHALL BE NON-INFRINGING ON ANY THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS, THAT DEFECTS SHALL BE CORRECTED, THAT THE WEB PAGES ON THE WEBSITE, THE APP, ANY ELECTRONIC COMMUNICATION OR THE SERVERS USED IN CONNECTION WITH THE SERVICES ARE OR SHALL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY PERSON USING THE SERVICES WILL BE THE PERSON THAT HE OR SHE REPRESENTS HIMSELF OR HERSELF TO BE. HOSTME DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT HOSTME SHALL HAVE ADEQUATE CAPACITY FOR THE SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
Indemnification. You agree to defend, indemnify and hold Hostme and its affiliates, subsidiaries, owners, members, managers, directors, officers, employees and agents harmless from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys' fees) assessed or incurred by Hostme, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; (iii) your use of the rights granted hereunder, including without limitation any claims made by any third parties; (iv) any claims made by third parties with respect to their experiences, problems or issues with your restaurant and the Services; and/or (v) your violation of any third party right, including without limitation any copyright, property, or privacy right.
LIMITATION OF LIABILITY. HOSTME'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE WEBSITE, THE APP AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE SERVICES SHALL BE THE CANCELLATION OF YOUR USER ACCOUNT WITH HOSTME. IN NO EVENT WILL HOSTME BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR COMPUTER SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, AND/OR (E) ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY OR FOR ANY LOSS OR DAMAGE OF ANY KIND. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS HOSTME'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Third party content.
Hostme may provide hyperlinks to other websites maintained by third parties, or Hostme may provide third party content on the Services by framing or other methods. THE LINKS TO THIRD PARTY WEBSITES ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE CONTENT ON ANY LINKED WEBSITE IS NOT UNDER HOSTME'S CONTROL AND HOSTME IS NOT RESPONSIBLE FOR THE CONTENT OF LINKED WEBSITES, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD PARTY WEBSITE. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY WEBSITES LINKED TO THE SERVICES, YOU DO SO ENTIRELY AT YOUR OWN RISK.
If a third party links to the Website, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with Hostme. In most cases, Hostme is not even aware that a third party has linked to the Website. A website that links to the Website: (i) may link to, but not replicate, Hostme's Content; (ii) may not create a browser, border environment or frame Hostme's Content; (iii) may not imply that Hostme is endorsing it or its products; (iv) may not misrepresent its relationship with Hostme; (v) may not present false or misleading information about Hostme's products or services; and (vi) should not include content that could be construed as distasteful, offensive or controversial, and should contain only Content that is appropriate for all age groups.
Copyright and trademarks. The trademarks, service marks and logos used and displayed on the Services are Hostme's, or its subsidiaries' or affiliates', registered and unregistered trademarks. Hostme is the copyright owner or authorized licensee of all text and all graphics contained on the Services. All trademarks and service marks of Hostme that may be referred to on the Services are the property of Hostme. Other parties' trademarks and service marks that may be referred to on the Services are the property of their respective owners. Nothing on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Hostme's trademarks or service marks without Hostme's prior written permission. Hostme aggressively enforces its intellectual property rights. Neither the name of Hostme nor any of Hostme other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Services or otherwise, without Hostme's prior written permission, except that a third party website that desires to link to the Website and that complies with the requirements of Paragraph 7(b) above may use the name "Hostme" in or as part of that URL link. If you believe that any Content on the Website violates any intellectual property right of yours, please contact Hostme at the address, email address or telephone number set forth at the bottom of these Terms.
Local laws. Hostme makes no representation that content or materials in the Services are appropriate or available for use in jurisdictions outside the United States. Access to the Services from jurisdictions where such access is illegal is prohibited. If you choose to access the Services from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. Hostme is not responsible for any violation of law. You may not use or export the Content or materials in the Services in violation of U.S. export laws and regulations. You agree that the Services and these Terms shall be interpreted and governed in accordance with federal law and, to the extent not preempted by federal law, with the laws of the Commonwealth of Virginia. You agree and hereby submit to the exclusive personal jurisdiction of the Commonwealth of Virginia, or, if Hostme transfers your user account to another location, where Hostme currently maintains your user account. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).
Availability. Information that Hostme publishes in the Services may contain references or cross-references to products, programs or services of Hostme that are not necessarily announced or available in your area. Such references do not mean that Hostme will announce any of those products, programs or services in your area at any time in the future. You should contact Hostme for information regarding the products, programs and services that may be available to you, if any.
Non-transferability of user account. User Accounts and UserIDs are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Website with his or her UserID and password. You may not assign these Terms, in whole or in part, or delegate any of your responsibilities hereunder to any third party. Any such attempted assignment or delegation will not be recognized by Hostme unless acknowledge by Hostme in writing. Hostme has no obligation to provide you with written acknowledgment. Hostme may, at any time and in its sole discretion, assign these Terms, in whole or in part, or delegate any of our rights and responsibilities under these Terms to any third party or entity.
Termination of service. We may terminate your User Account or right to access secured portions of the Website at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Services, to Hostme, to the business of the Website's Internet service provider, or to other information providers.
Miscellaneous. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Hostme's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. These Terms constitute the entire agreement between you and Hostme with respect to your use of the Services, and supersede any and all prior communications and prior agreements, whether written or oral, between you and Hostme regarding the Services. These Terms shall be binding on, and shall inure to the benefit of, the parties to it and their respective heirs, legal representatives, successors and assigns. Hostme will not be liable to you or any person for failure to perform its obligations hereunder if and to the extent that such failure to perform results from causes beyond its control, including and without limitation: strikes, lockouts, or other industrial disturbances; civil disturbances; fires; acts of God; acts of a public enemy; compliance with any regulations, order, or requirement of any governmental body or agency; or inability to obtain transportation or necessary materials in the open market. The headings as to contents of particular sections are inserted only for convenience and shall not be construed as part of these Terms or as a limitation on the scope of any terms or provisions of these Terms.
Your Consent To These Terms.
By accessing and using the Services, you consent to and agree to be bound by the terms of the foregoing Terms. If we decide to change these Terms, we will make an effort to post those changes on the web page so that you will always be able to understand the terms and conditions that apply to your use of the Services. Your use of the Services following any amendment of these Terms will signify your assent to and acceptance of its revised terms.
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