RESTAURANT REASON, LLC
These Terms do not apply to any web page operated and/or owned by anyone other than Restaurant Reason and its affiliates, including, but not limited to, any website, mobile application, blog, social media site, or other material. When visiting these third party websites and other properties, you should refer to the terms and conditions in effect for the applicable owner.
PLEASE READ THESE TERMS CAREFULLY. THEY INCLUDE IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND PROVISIONS THAT GOVERN THE PROCEDURE, JURISDICTION AND VENUE OF ANY DISPUTES. BY ACCESSING OR USING THE WEB PROPERTIES, YOU ARE ENTERING INTO A LEGAL CONTRACT WITH US REGARDING YOUR USE OF THE WEB PROPERTIES. YOU AGREE TO BE BOUND BY THESE TERMS AND ALL ADDITIONAL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ANY PORTION OF THESE TERMS, YOU SHOULD NOT ACCESS OR OTHERWISE USE THE WEB PROPERTIES.
1. CONVENIENCE AND INFORMATION ONLY. Subject to these Terms, we hereby grant you a non-transferable, non-exclusive, limited license to use and access the Web Properties for your personal, non-commercial use. The Web Properties are provided to you as a convenience and for your information only. By merely providing you access to and use of the Web Properties, we do not warrant or represent that: (a) any statement, documents, images, graphics, logos, designs, audio, video, or any other information provided from or on the Web Properties (collectively, the “Content”) is accurate or complete; (b) the Content is up-to-date or current; (c) we have any obligation to update any Content; (d) the Content is free from technical inaccuracies or programming or typographical errors; (e) the Content is free from changes made by a third party; (f) your access to the Web Properties will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained in response to questions asked through the Web Properties is accurate or complete.
2. WEB PROPERTIES USE AND CONTENT.
(a) USE OF THE WEB PROPERTIES. The Web Properties and all rights therein are and will remain with Restaurant Reason. You may view, copy or print a single copy of any page from the Web Properties for personal, non-commercial purposes if you do not remove, modify, or alter any copyright or proprietary rights notices that may be present. YOU MAY NOT USE ANY PORTION OF THE WEB PROPERTIES FOR ANY COMMERCIAL PURPOSE. Any special rules for any software, audio files, downloads, and other items accessible through the Web Properties may be included elsewhere in the Web Properties and are incorporated into these Terms by reference.
(b) RESTRICTIONS ON USE. You may not: (i) remove or obscure any copyright, trademark, digital watermarks, proprietary legends or other proprietary notices from any portion of the Web Properties; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Web Properties, or any aspect of them, except as expressly permitted by us; (iii) decompile, reverse engineer, jeopardize the correct functioning of the Web Properties, or disassemble the Web Properties, or otherwise attempt to derive the source code of the software (including the tools, processes, methods, and infrastructure) that enables or underlies the Web Properties, except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Web Properties; (v) cause or launch any programs, spiders, robots, or scripts or other automatic or manual devices or processes for the purpose of extracting, scraping, indexing, surveying, or otherwise data mining any portion of the Web Properties, or unduly burdening or hindering the operation and/or functionality of any aspect of the Web Properties; (vi) attempt to gain unauthorized access to or impair any aspect of the Web Properties, or the related systems, servers, or networks; (vii) use the Web Properties to stalk, harass or harm another individual, or in any way that is in violation of any law or regulation; (viii) impersonate any person or entity, or otherwise misrepresent your affiliation with any person or entity; or (ix) use any portion of the Web Properties or any Content in any manner that may give a false or misleading impression, attribution or statement as to us or any other person or entity.
3. UPDATES. We may make changes to the Web Properties, the Content, or these Terms or stop providing any of the Web Properties and/or the Content at any time and without further notice to you. We will make an effort to update the Web Properties with any changes to these Terms, and you are encouraged to review these Terms frequently (the date of the most recent revision to these Terms appears at the end of these Terms). Your continued access or use of the Web Properties after such posting constitutes your consent to be bound by the Terms, as amended.
4. PRIVACY AND ELECTRONIC COMMUNICATION. We know that privacy is very important to you, and it is very important to us as well. Personal data that you provide regarding yourself will be handled in accordance with our Privacy Notice located at www.myrestaurantreason.com/privacy-notice. By using the Web Properties, you consent to receive electronic communications from us unless you follow applicable opt out procedures. We will communicate with you by email or by posting notices on our Web Properties. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
5. USER ACCOUNT, PASSWORD AND SECURITY. We may now or in the future allow you to create a user account to access and use certain features of the Platform (“User Account”). If you create a User Account, the following will apply:
(a) USER ACCOUNT. We may require that you sign up using your email address, phone number, and a password to create a User Account. If you do not create a User Account, you may not have access to certain functionality of the Web Properties. We use reasonable precautions to protect the privacy of your username, password, and User Account information. You, however, are ultimately responsible for protecting your username, password, and User Account information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies, if any. You agree to: (i) immediately notify us of any unauthorized use of your username, password, or User Account, or any other breach of security; (ii) ensure that you exit from your User Account at the end of each session; and (iii) use a security passcode to secure your device where your User Account information is stored. While we may 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, interruption, interception or error.
(b) 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, or any other method of questioning we use to obtain information about you; and (ii) maintain and promptly update such information to keep it true, accurate, current, and complete.
(c) NON-TRANSFERABILITY OF USER ACCOUNT. User Accounts and usernames are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Web Properties with his or her username and password. You agree that you are solely responsible for activity that occurs under your User Account. We are entitled to act on all instructions received by anyone using your User Account, including instructions related to payments, and we reserve the right to pursue any and all claims against any user of your User Account.
(d) ACCOUNT DEACTIVATION. We reserve the right to deactivate or cancel a User Account in our sole discretion and take any legal action we deem necessary, including for the following reasons: (i) you request such deactivation; (ii) you are deceased; (iii) you do not respond to repeated communication attempts regarding the status of your User Account; (iv) you fail to make payments related to your User Account; (v) you reside in or relocate to a state or country where use of a User Account is prohibited under applicable law; (vi) you act in a fraudulent or an inappropriate manner while using the User Account; or (vii) you provide any information that is untrue, inaccurate, not current, or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete. You will be responsible for all charges incurred up until the time that your User Account is deactivated, if applicable.
(e) DATA RETENTION POLICY; MANAGING YOUR INFORMATION. We may retain User Account information and some automatically collected information for as long as you use your User Account and for a reasonable time thereafter, and we may store it in the aggregate. If you would like us to delete your User Account information that you have provided, please contact us at firstname.lastname@example.org and we will respond in a reasonable time. Information that you enter into the Web Properties will generally remain there until we receive a legitimate request to remove it.
(f) PUSH NOTIFICATIONS. We may provide alerts to our users who have set up User Accounts via email, text message, push notification, alert and other messages. When creating a User Account, you will be asked to accept or deny push notifications and alerts. If you deny such push notifications and alerts, you will not receive push notifications and alerts from Restaurant Reason. If you accept them, the push notifications and alerts will be sent to you. You can easily make changes to your preferences by visiting the “Settings” on your mobile device.
6. OBJECTIONABLE MATERIAL. You acknowledge that, in using the Web Properties and accessing the Content, you may encounter material that you deem to be disturbing, offensive or objectionable. You agree to use the Web Properties at your sole risk and that we will have no liability to you for material that may be disturbing, objectionable or offensive to you.
7. NOT INTENDED FOR CHILDREN AND OTHER AGE REQUIREMENTS. The Web Properties are not intended or designed to attract children under the age of thirteen (13). You affirm that you are more than eighteen (18) years of age, or are an emancipated minor, or possess parental or legal 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.
(a) NO WARRANTIES FOR WEB PROPERTIES. When using the Web Properties, information will be transmitted in such a way that may be beyond our control. Accordingly, we make no warranty concerning the delay, failure, interruption, or corruption of any data, the Content, or any other information transmitted in connection with the use of the Web Properties. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEB PROPERTIES IS AT YOUR SOLE RISK. THE WEB PROPERTIES AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS THESE WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE WEB PROPERTIES, THE CONTENT, OR ANY SERVICES OR FEATURES OFFERED IN CONNECTION WITH THE WEB PROPERTIES ARE OR WILL REMAIN UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB PAGES ACCESSIBLE ON OR THROUGH THE WEB PROPERTIES, OR THE SERVERS USED IN CONNECTION WITH THE WEB PROPERTIES, ARE OR WILL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEB PROPERTIES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT WE WILL HAVE ADEQUATE CAPACITY FOR THE WEB PROPERTIES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. WE MAKE NO REPRESENTATION OR WARRANTY REGARDING GOVERNMENT COMPLIANCE OF ANY SOFTWARE USED IN RUNNING THE WEB PROPERTIES. ALL WARRANTIES OR GUARANTEES GIVEN OR MADE BY US WITH RESPECT TO OUR SERVICES (1) ARE FOR THE BENEFIT OF THE REGISTERED USER OF THE USER ACCOUNT ONLY AND ARE NOT TRANSFERABLE, AND (2) SHALL BE NULL AND VOID IF YOU BREACH THESE TERMS.
(b) INDEMNIFICATION. You agree to defend, indemnify, and hold harmless Restaurant Reason and our directors, officers, employees, agents, successors and assigns from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses, and costs (including, but not limited to, reasonable attorneys’ fees) assessed or incurred by us, 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, including, but not limited to, providing untrue, inaccurate, not current, or incomplete information; and/or (iii) your use of the rights granted hereunder, including, but not limited to, any claims made by any third parties.
(c) YOUR RESPONSIBILITIES. You are responsible for establishing such procedures as you deem appropriate to verify the accuracy of data transmitted hereunder, and we will have no obligation to verify the accuracy of such data. Your use of the Web Properties is subject to additional disclaimers and caveats that may appear throughout the Web Properties.
(d) NETWORK ACCESS AND DEVICES. You are responsible for obtaining the data network access necessary to use the Web Properties. When you access the Platform on your mobile device, your network’s data and messaging rates and fees may apply. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Web Properties and any updates thereto. We do not guarantee that the Web Properties, or any portion thereof, will function on any particular hardware or devices. In addition, all Web Properties may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
9. LIMITATION OF LIABILITY. IN NO EVENT WILL WE OR OUR AFFILIATES, OR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, AGENTS OR OTHER REPRESENTATIVES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM YOUR USE OF OR INABILITY TO USE THE WEB PROPERTIES AND/OR THE CONTENT PROVIDED IN CONNECTION WITH THE WEB PROPERTIES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEB PROPERTIES AND/OR THE CONTENT PROVIDED ON OR THROUGH THE WEB PROPERTIES. WE WILL NOT BE LIABLE FOR ANY NEGATIVE REPERCUSSIONS TO ANYONE BASED ON THE USE OF OR INABILITY TO USE THE WEB PROPERTIES, INCLUDING, BUT NOT LIMITED TO, ANY LOST GOODWILL OR LOST PROFITS. WE ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, OR PROPERTY DAMAGE CAUSED BY YOUR USE OR MISUSE OF THE WEB PROPERTIES AND/OR ANY CONTENT. WE ARE NOT RESPONSIBLE FOR (A) INACCURACIES OR ERRORS IN OR OMISSIONS FROM THE CONTENT; (B) DELAYS, ERRORS, OR INTERRUPTIONS IN THE TRANSMISSION OR DELIVERY OF THE CONTENT; OR (C) LOSS OR DAMAGE ARISING THEREFROM OR BY ANY REASON OF NONPERFORMANCE. REMEDIES UNDER THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR ENTIRE LIABILITY SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SERVICES YOU RECEIVE USING THE WEB PROPERTIES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS THAT MAY VARY FROM ONE STATE OR JURISDICTION TO ANOTHER.
10. THIRD PARTY CONTENT AND THIRD PARTY APPLICATIONS. We may provide hyperlinks to other websites maintained by third parties, or we may provide third party content on the Web Properties by framing or other methods (collectively, “Third Party Content”). In addition, the Web Properties may include certain applications, features, programs and services provided by third parties (collectively, “Third Party Applications”). We do not monitor Third Party Content or Third Party Applications and can make no guarantee as to the accuracy or completeness of such Third Party Content or Third Party Applications. The links to third party websites, any Third Party Content, and any Third Party Applications are provided for your convenience and information only. The content on any linked website or in any Third Party Application is not under our control and we are not responsible for the content of linked websites and/or Third Party Applications, including any further links contained in a third party website. We make no representation or warranty in connection with any Third Party Content or Third Party Application, which at all times and in each instance is provided “as is.” If you decide to access any of the third party websites linked to the Web Properties, any Third Party Content, and/or any Third Party Application, you do so entirely at your own risk.
If a third party links or refers to the Web Properties, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture, or partnership by or with us. In most cases, we are not even aware that a third party has linked to or refers to the Web Properties.
11. INTELLECTUAL PROPERTY. The Content of the Web Properties is intellectual property owned, controlled and/or licensed by us and/or our subsidiaries and affiliates, or intellectual property that we are legally permitted to access and use. All applicable intellectual property laws, including copyright laws, protect our rights in and to the Content. No portion of the Content may be reproduced in any form or by any means, except as provided in Section 2 (Web Properties Use and Content) and elsewhere in these Terms.
We are the owner or authorized licensee of, or are otherwise permitted to use, all trademarks, service marks, and logos used and displayed on the Web Properties. All trademarks and service marks of Restaurant Reason that may be referred to on the Web Properties are the property of Restaurant Reason, or one of our subsidiaries or affiliates. Other parties’ trademarks and service marks that may be referred to on the Web Properties are the property of their respective owners. Nothing on the Web Properties should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of our, or our affiliates’, trademarks, service marks, logos, or copyrighted materials without our prior written permission. Neither the name of Restaurant Reason, LLC, nor any of our trademarks, service marks, logos, 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 Web Properties or otherwise, without our prior written permission, except that a third party website that desires to link to the Web Properties and that complies with the requirements of Section 10 (Third Party Content and Third Party Applications) above may use the name “Restaurant Reason” or the title of any Content in or as part of that link.
12. TERMINATION OF SERVICE. We may suspend or terminate your right to access secured portions of the Web Properties, including your right to access the Platform, at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Web Properties, to us, to our partners, to the contributors, to the business of our Internet service providers, or to other information providers.
13. ADDITIONAL REMEDIES. You acknowledge that your conduct that is inconsistent with these Terms may cause us irreparable damage for which remedies other than monetary relief may be inadequate. In such instances, you agree that we may seek injunctive or other equitable relief to restrain such conduct without the necessity of proving actual harm or posting a bond.
14. CUSTOMER COMMENTS. By submitting comments, information or feedback to us through email and/or the Web Properties, you agree that the information submitted will be subject to our Privacy Notice. We may use comments, information or feedback that you may submit to us (collectively, “Feedback”) in any manner that we may choose, including, but not limited to, the incorporation of suggested changes into our services and products, without notice or compensation to you. You hereby grant Restaurant Reason a perpetual, irrevocable, royalty-free, worldwide, non-exclusive, sublicensable and assignable license and all rights to use the Feedback for any purpose we may choose.
15. GOVERNING LAW; JURISDICTION AND VENUE. You agree that all matters relating to your access to, or use of, the Web Properties shall be governed by the laws of the State of Delaware, without regard to any conflict of laws principles. You agree and hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts located in the State of Delaware with respect to such matters.
16. LOCAL LAWS. We make no representation that any Content or materials on the Web Properties are appropriate or available for use in jurisdictions that are outside the United States. Access to the Web Properties from jurisdictions where such access is illegal is prohibited. If you choose to access the Web Properties from other jurisdictions, you do so at your own initiative and are responsible for compliance with applicable local laws.
17. EXPORT RESTRICTIONS. Any software and all underlying information and technology downloaded or viewed from any of the Web Properties or in connection with the services (collectively, the “Software or Technical Data”) by you may be subject to U.S. export controls, including the Export Administration Act and the Export Administration Regulations, and may be subject to export or import regulations in other countries. You are solely responsible for complying with all trade regulations and laws, both foreign and domestic, in your use and viewing of the Web Properties, the Content, and any of our products or services, including, but not limited to, the Software or Technical Data. Except as authorized by law, you agree and warrant not to export or re-export the Software or Technical Data to any county, or to any person, entity, or end-user subject to U.S. export controls, including, but not limited to, persons or entities listed on the U.S. Department of Commerce Bureau of Export Administration’s Denied Parties List and the U.S. Department of Treasury’s Specially Designated Nationals. You further represent and warrant that no U.S. federal agency has suspended, revoked, or denied your export privileges.
Your Consent To This Agreement
By accessing and using the Platform and our other Web Properties, you consent to and agree to be bound by these Terms. If we decide to change these Terms or some part of them, we will make an effort to post those changes on the Web Properties, including on our Restaurant Reason home page, so that you will always be able to understand and agree to the terms and conditions governing your use of the Web Properties. Your use of the Web Properties following your acceptance of any amendment of these Terms will signify your assent to and acceptance of the revised Terms for all previously collected information and information collected from you in the future. If you have additional questions or comments of any kind, please send your requests to:
Restaurant Reason, LLC
205 West 15th Street
New York, NY 10011
Copyright © 2018. Restaurant Reason, LLC. All Rights Reserved.
Effective as of: October 1, 2018
Last updated: October 1, 2018