TableSnatch Terms of Use

Last updated: December 29, 2020

Welcome to TableSnatch!

We are primarily a peer-to-peer marketplace service where bona fide holders of reservations can post their reservations for sale, and reservation seekers can buy those reservations. Ours is a new and unique marketplace designed to assist the restaurant industry in reducing “no-shows” of holders of reservations. Our marketplace recognizes value in reservations – both as to restaurants and diners alike. We are glad you are on our site and welcome you!

Below are details of our Terms of Use. By agreeing to these terms, all users are certifying the authority and full force and effect of the rules. Any known violation of these terms can result in termination of services or obligations on the part of TableSnatch, LLC (TableSnatch) or The Reservation Exchange, LLC.

Intellectual Property

The name TableSnatch, its logo, certain terminology, and its business method are the subject of intellectual property, patents pending, and certain registrations which are proprietary and the sole property of The Reservation Exchange, LLC.

Property Rights

TableSnatch and The Reservation Exchange, LLC, are the sole owners of or otherwise licensed to use all parts and services of the site including all copy, software, graphics, designs and all copyrights, trademarks, service marks, tradenames, logos, patents and patent applications and other intellectual property and proprietary rights therein. Some materials on the site may belong to third parties. By using the site, you agree not to copy, distribute, modify or make derivative works of any such materials. All rights not specifically granted by these Terms of Use belong solely to TableSnatch and The Reservation Exchange, LLC.

Eligibility

All users of TableSnatch must be 18 years old or older, and acceptance of these Terms of Use is affirmative certification by all such users that he or she is 18 years old or older.

Code of Conduct

TableSnatch involves active participation of its users. All users must adhere to a standard of decorum and behavior demonstrating respect for others and clean language. This code of conduct in the use of the site applies to all postings, purchases, reviews or other communications, whether written, verbal or by use of symbols, and binds users to commonly acceptable parameters of decency and propriety. All users are required and expected to conduct themselves in good faith.

Content and Ownership of Content

All content of TableSnatch and this site is owned solely by The Reservation Exchange, LLC, and as defined by these Terms of Use and the Privacy Policy.

Grant of Conditional License

This site and all data, text, designs, pages, print screens, images, artwork, photographs, audio and video clips, and HTML code, source code, or software that reside or are viewable or otherwise discoverable on the Site, and all tickets obtained from the site, (collectively, the "Content") are owned by us or our licensors. We own a copyright and, in many instances, patents and other intellectual property in the site and Content. We may change the Content and features of the site at any time.

We grant you a limited, conditional, no-cost, non-exclusive, non-transferable, non-sub-licensable license to view this site and its Content as permitted by these Terms of Use for non-commercial purposes only if, as a condition precedent, you agree that you will not:

Submit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature;

Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you submit;

Link to any portion of the site other than the URL assigned to the home page of the Site;

"Frame" or "mirror" any part of the site;

Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the site, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Content;

Remove any copyright, trademark or other proprietary rights notices contained on the site;

Use any computer program, bot, robot, spider, offline reader, site search/retrieval application or other manual or automatic device, tool, or process to retrieve, index, data mine, or in any way reproduce or circumvent the security structure, navigational structure, or presentation of the Content or the site, including with respect to any CAPTCHA displayed on the site. Operators of public search engines may use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We may revoke this exception at any time and require removal of archived materials gathered in the past;

Use any automated software or computer system to search for, reserve, buy or otherwise obtain reservations, promotional codes, vouchers, gift cards or any other items available on the site, including sending information from your computer to another computer where such software or system is active;

Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;

Access, reload, or refresh transactional event or offer pages, or make any other request to transactional servers, more than once during any three-second interval;

Reproduce, modify, display, publicly perform, distribute or create derivative works of the site or the Content;

Reproduce or scan tickets in a format or medium different from that provided by the site;

Decode, decrypt, modify, or reverse engineer any offer or reservation or underlying algorithms or barcodes used on or in production of any offer or reservation or the site;

Use the site or the Content in an attempt to, or in conjunction with, any device, program or service designed to circumvent any technological measure that effectively controls access to, or the rights in, the site and/or Content in any way including, without limitation, by manual or automatic device or process, for any purpose;

Use bot technology to search for, reserve, or purchase reservations through the site; for the avoidance of doubt, this specifically prohibits you from using automated ticket purchasing software on the site, and prohibits you from circumventing any security measure, access control system, or other technological control or measure on the site that is used to enforce posted event ticket purchasing limits or to maintain the integrity of posted online ticket purchasing order rules.

This license is expressly conditioned on your preexisting agreement to comply with, and your actual compliance with, each of the provisions described in this Ownership of Content and Grant of Conditional License section. This license exists only so long as you strictly comply with each of the provisions described in this section. Any use of the site or Content by you or anyone acting on your behalf that does not strictly comply with each and every provision in this section exceeds the scope of the license granted to you herein, constitutes unauthorized reproduction, display, or creation of unauthorized derivative versions of the site and Content, and infringes our copyrights, trademarks, patents and other rights in the site and Content. You will not acquire any ownership rights by using the site or the Content.

The registered and unregistered trademarks, logos, and service marks displayed on the site are owned by us or our licensors. You may not use our trademarks, logos, and service marks in any way without our prior written permission.

Account Registration

In order to post a reservation for sale on this site or to purchase a reservation for sale, you must register for an account by providing your full name, your active and principal email address, your mobile telephone number, a password, and credit card or like and acceptable payment information sufficient to pay any posting fee or purchase fee, as well as to receive purchase revenue from a buyer of your reservation or any applicable refund from the site. All this information must be current, accurate, and provided in good faith with the intention of participating in the services of this site in accordance with these Terms of Use and our Privacy Policy.

You shall not operate under a username or other account information which is intended to convey or impersonate another user or is offensive, vulgar or obscene.

You are solely responsible for the activity which occurs on your account and for keeping your account password secure.

You may not use another person’s account or registration information without express permission of that person.

You must notify TableSnatch immediately of any change in eligibility to use the site, breach of security or unauthorized use of your account.

You should never publish, distribute or post login information for your account.

Please see our Privacy Policy for more information on how we use and protect your personal information.

Posting and Selling a Reservation

Subject to the Eligibility requirements and all other requirements for use of the site, you may post a reservation for sale on the site by 1) setting up an account per Account Registration guidelines and the prompts and fields provided in that process, 2) successfully paying the posting fee as proscribed by the prompts and fields provided in that process, and 3) agreeing to our Terms of Use and Privacy Policy.

By posting a reservation for sale, you are verifying that you are the valid and authentic holder of a reservation which can be claimed by you at the restaurant or establishment you identify in the post for sale. You also verify that you are legally responsible for the legitimacy of the reservation, and that any buyer of your reservation can rely on the reservation as valid and authentic as presented.

Your post for sale will not include your name. The offer for sale will only include the name and location of the restaurant, the day and date of the reservation, the time of the reservation, the number of seats of the reservation, and the purchase price to a buyer.

A transaction fee charged to the buyer will be added to the purchase price presented in the offer.

Once your reservation is purchased, you will receive notice of the transaction, and the details of your reservation will be provided to the buyer for their use at the restaurant. For example, details may include the name under which the reservation can be claimed or confirmation number, email, text, or other method of identifying the valid and authentic holder of the reservation.

Buying a Reservation

A buyer of any reservation offered on the site must register for an account. The purchase price of reservations offered for sale includes a transaction fee which is automatically added to the offer price on the site. A buyer selects a reservation for purchase, completes the transaction, receives confirmation of the transaction, and is connected to the seller through our Snatch ’n Match! notification where complete details of the reservation are delivered to the buyer.

When you purchase a reservation, you agree to honor the reservation by arriving on time and paying for a meal. When circumstances change and you are unable to honor a reservation, you agree to contact the restaurant as soon as possible to cancel the reservation under the name in which the reservation is held.

Buyers of reservations are expected to arrive in a timely manner and within a reasonable amount of time to honor the reservation at the appointed time.

Buyers of reservations are solely responsible for honoring reservations and notifying restaurants of any cancellations or material changes. TableSnatch is not responsible for any reservation purchased, nor is TableSnatch responsible for buyers honoring any reservation purchased as would be appropriate in the restaurant industry.

As a per-to-peer platform, TableSnatch does not represent or warrant any reservation offered for sale. TableSnatch does not represent the restaurants for which sellers on the site offer reservations. TableSnatch does not warrant any activity or failure on the part of any restaurant in connection with any reservation offered or sold on the site by any seller.

Transaction Obligations

All transactions are processed through a third-party payment processing service on the site. The terms of your payment will be based on and determined by agreements between you and the financial institution, credit card issuer, or other provider of your chosen payment method. If we, through the third-party payment processor, do not receive payment from you, you agree to pay all amounts due on your account on demand.

Fees and Collected Revenue

TableSnatch charges a posting fee at the time a reservation is posted for sale. That posting fee is shown to buyers at the time the post is made, and acknowledgement of understanding and agreement to that fee on the part of the seller is required before any posting can be made.

TableSnatch also adds a transaction fee to the total purchase price of the reservation offered for sale. This transaction cost is not a separate transaction and is automatically added to the offer price on the site. All buyers are made aware of this fee, and acknowledgment of understanding and agreement of this fee is on the part of the buyer is required before any purchase of an offered reservation can be completed.

All funds, including those collected for posting and purchase (including transaction cost) are held in a bank account until 24 hours after the time of the reservation has passed, during which time any claim of wrongdoing or fraud can be made to TableSnatch and in accordance to the terms of the Claim Protocol provided herein.

Once the claim period ends, and no claim is made, the buyer will receive the principal sale amount of the reservation in the account provided by seller.

In the event any refund for wrongdoing or fraud as determined by TableSnatch is to be made, electronic notice of the determination will be provided to the parties, and funds will be electronically returned to the aggrieved party within five business days of the determination for refund.

User Fraud

Any person engaging in fraudulent activity on the site is subject to being precluded from any further use of the site. Any fraudulent act on the part of a user subjects the user to any criminal penalties proscribed by applicable law or civil remedies available to any injured or aggrieved party. TableSnatch and its affiliates and ownership expressly deny any involvement or participation of any fraudulent act undertaken by any user, and all users agree to indemnify and hold harmless TableSnatch and its affiliates and ownership in any claim of fraud resulting from any user’s activities on the site.

User fraud includes, but is not limited to, a seller posting a valid or authentic reservation for sale which he or she does not have; a reservation which is not valid, authentic, or does not exist inasmuch as the subject restaurant does not take reservations on the date and time offered by the seller; or the details f the offered reservation such as number of seats for time of the reservation is not accurate and is misleading. User fraud also includes any attempt by a user, whether buyer or seller, to make payments in a manner which is not legitimate or under the legal control of the person attempting to make the payment. Any intentional attempt to provide misleading or material information also constitutes fraud.

Immaterial errors are not fraudulent. Such errors in the use of the site are those which are not material to the offer or use of the reservation for sale; those which do not encumber the buyer from use of the reservation; or any error resulting from mistake or unpreventable activity on the site.

Claim Protocol

Any user believing any offer for sale was made in error or by fraud must make a claim within 24 hours of the time of the reservation purchased to [email protected] and include a full description of the claim, the purchase confirmation, and the restaurant for which the reservation was purchased. Failure to provide necessary details of your purchase, the restaurant in and contact information regarding the restaurant for which the reservation was purchased will result in a denial of the claim.

Forums and User Content

Comments or materials posted by you. Certain pages on the site may allow you to post text comments, photos, videos or other content (“User Content”). Unless otherwise specified, you may only post User Content to the site if you are a resident of the United States and are eighteen (18) years of age or older. You may only post User Content that you created or which the owner of the User Content has given you permission to post. If User Content depicts any person other than yourself, you must have permission from that person or, if that person is a minor, permission from that person’s parent or legal guardian, before you post the User Content. You may be required to provide proof of such permission to TableSnatch and The Reservation Exchange, LLC. You may not post or distribute User Content that is illegal or that violates these Terms of Use. By posting or distributing User Content to the site, you represent and warrant that (a) you own all the rights to the User Content or are authorized to use and distribute the User Content to the site and (b) the User Content does not and will not infringe any copyright, right of publicity, or any other third-party right nor violate any law or regulation.

By submitting or posting User Content to the site, you grant TableSnatch and The Reservation Exchange, LLC, the irrevocable, perpetual, worldwide right to reproduce, display, perform, distribute, adapt, and promote this User Content in any medium. Once you submit or post User Content to the site, TableSnatch and The Reservation Exchange, LLC, do not need to give you any further right to inspect or approve uses of such User Content or to compensate you for any such uses. TableSnatch and The Reservation Exchange, LLC, own all right, title, and interest in any compilation, collective work, or other derivative work created by TableSnatch and The Reservation Exchange, LLC, using or incorporating User Content posted to the site. You are solely responsible for anything you may post on the site and the consequences of posting anything on the site.

Comments or materials posted by others. Under no circumstances will TableSnatch and The Reservation Exchange, LLC, be liable in any way for any content or materials of any third parties, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that TableSnatch and The Reservation Exchange, LLC, do not pre-screen content, but that TableSnatch and The Reservation Exchange, LLC, and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the site. Without limiting the foregoing, TableSnatch and The Reservation Exchange, LLC, and its designees will have the right to remove any content, including without limitation User Content, that violates these Terms of Use or is deemed by TableSnatch and The Reservation Exchange, LLC, in their sole discretion, to be otherwise objectionable.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content or communications posted on the site or endorse any opinions expressed therein. You understand that by using the site, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will TableSnatch and The Reservation Exchange, LLC, be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available on the site or broadcast elsewhere.

Links. The Site contains links to other websites that may not be owned or operated by us. The fact that we may link to those websites does not indicate any approval or endorsement of those websites. We have no control over those websites. We are not responsible for the content of those websites, or the privacy practices of those websites. We strongly encourage you to become familiar with the terms of use and practices of any linked website. Your use of other websites is at your own risk, and is subject to the terms of those websites. It is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Site or other sites) is free of viruses, worms, Trojan horses, defects, date bombs, time bombs, and other items of a destructive nature.

Digital Millennium Copyright Act (DMCA) Notice

Materials may be made available via the Services by users and other third parties not within our control. We are under no obligation to, and do not, scan content posted on the site or service for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the site.

If you believe any materials on the site or service infringe a copyright, you should provide us with written notice that at a minimum contains:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All DMCA notices should be sent to our designated agent at [email protected].

Notices

We may make changes to these Terms of Use at any time. Any changes we make will be effective immediately when we post a revised version of these Terms of Use on the site. Your use of this site is your agreement to its Terms of Use and any changes from prior Terms of Use content.

Taxes

Any user paid revenue from this site is solely responsible for any taxes owed, regardless of to whom any such tax is owed, and all users agree to this responsibility and all other provisions contained in these Terms of Use.

Governing Law

The laws of the State of Georgia are those which govern the Terms of Use and to which this site and these Terms of Use apply and under which they operate.

Waiver of Litigation and Agreement to Arbitrate

While we will make reasonable efforts to resolve any disagreements you may have with TableSnatch and The Reservation Exchange, LLC, if these efforts fail you agree that all claims, disputes or controversies against TableSnatch and The Reservation Exchange, LLC, arising out of these Terms of Use, or the purchase of any products or services ("Claims") are subject to fixed and binding arbitration, no matter what legal theory they are based on or what remedy (damages, or injunctive or declaratory relief) they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third- party claims, interpleaders or otherwise; and Claims made independently or with other claims. The party filing for arbitration must submit Claims to the American Arbitration Association and follow its rules and procedures for initiating and pursuing an arbitration. Any arbitration hearing that you attend will be held at a place chosen by the American Arbitration Association in the same city as the U.S. District Court closest to your then current residential address, or at some other place to which you and Company agree in writing, and the arbitrator shall apply Georgia law consistent with the Federal Arbitration Act. You shall not be entitled to join or consolidate Claims in arbitration by or against other users or to arbitrate any Claim as a representative or member of a class or in a private attorney general capacity. You may obtain copies of the current rules, and forms and instructions for initiating an arbitration by contacting the American Arbitration Association by using the contact information noted below.

American Arbitration Association
800-778-7879 (toll-free)
Website: www.adr.org

A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least ten (10) years’ experience or a retired or former judge, selected in accordance with the rules of the American Arbitration Association. The arbitration will follow the procedures and rules of the American Arbitration Association which are in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with these Terms and Conditions, in which case these Terms and Conditions will prevail. Those procedures and rules may limit the discovery available to you or us. The arbitrator will take reasonable steps to protect your customer account information and other confidential information if requested to do so by you or us. Each party to the arbitration will bear the expense of that party's attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. The arbitrator's award is final and binding on the parties unless we or you appeal it in writing to the arbitration firm within fifteen (15) days of notice of the award. The appeal must request a new arbitration before a panel of three neutral arbitrators designated by the American Arbitration Association. An award by a panel is final and binding on the parties after fifteen (15) days has passed. Any Claim you have must be commenced within one (1) year after the date the Claim arises. As noted above, you and Company hereby voluntarily and knowingly waive any right either may have to a jury trial.

Class Action Waiver

YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND TableSnatch AND THE RESERVSATION EXCHANGE COMPANY, LLC, ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. CLAIMS AND REMEDIES SOUGHT AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE ACTION ARE SUBJECT TO ARBITRATION ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS, AND THE ARBITRATOR MAY AWARD RELIEF ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS.

Disclaimer of Warranties

WHILE TableSnatch AND THE RESERVATION EXCHANGE, LLC, USE REASONABLE EFFORTS TO INCLUDE UP-TO-DATE INFORMATION ON THIS SITE, EXCEPT FOR THE EXPRESS WARRANTIES STATED ON OUR WEBSITE, TableSnatch AND THE RESERVATION EXCHANGE, LLC, MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF INFORMATION ON THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED "AS IS" AND TableSnatch AND THE RESERVATION EXCHANGE, LLC, MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, TableSnatch AND THE RESERVATION EXCHANGE, LLC, DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TableSnatch AND THE RESERVATION EXCHANGE, LLC, DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY LAW, TableSnatch AND THE RESERVATION EXCHANGE, LLC, SHALL NOT BE LIABLE FOR THE USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.

IN NO EVENT WILL TableSnatch OR THE RESERVATION EXCHANGE, LLC, BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL COMPANY BE LIABLE FOR ANY DIRECT DAMAGES EXCEEDING THE GREATER OF THE FEES YOU PAID TO TableSnatch AND THE RESERVATION EXCHANGE, LLC, FOR PRODUCTS AND SERVICES.

IN THIS CONNECTION, NEITHER TableSnatch NOR THE RESERVATION EXCHANGE ARE LIABLE FOR ANY ACTIVITY, EVENT, ACT OF GOD, CRIMINAL ACT OR SITUATION GIVING RISE TO ANY INJURY TO ANY USER OF ANY KIND WHICH TAKES PLACE AT ANY RESTAURANT AT WHICH A USER IS HONORING A RESERVATION PURCHASED ON THIS SITE AS ANY SUCH EVENT IS NOT IN THE ANTICIPATION OR CONTROL OF ANY PERSON OR ENTITY ASSOCIATED WITH TableSnatch OR THE RESERVATIONEXCHANGE, LLC, AND WHICH EVENT IS ACKNOWLEDGED BY USER TO BE OUT OF THE CONTROL OR SCOPE OF SERVICES PROVIDED BY TableSnatch AND THE RESERVATION EXCHANGE, LLC. ALSO IN THIS CONNECTION, ALL USERS ACKNOWLEDGE AND AGREE THAT HE OR SHE ENGAGED THE SIGHT FREELY AND VOLUNTARILY FOR PURPOSES OF REVIEWING RESTAURANT RESVATIONS FOR SALE BY THIRD PARTIES NOT ASSCOIATED WITH TEABLESNATCH OR THE RESERVATIONS EXCHANGE, LLC, AND THAT ALL USERS WHO PURCHASE A RESVATION ON THE SITE WERE IN THE MARKET OF OBTAINING A RESERVATION FREELY AND VOLUYNTARILY WHICH RESULTED IN THE USER PURCHASING A RESERVATOINO ON THE SITE SOLELY AT THE USER’S DISCRETION.

Limitation of Liability

IN NO EVENT WILL WE OR OUR ADVERTISERS AND SPONSORS, BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY TYPE, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE CONTENT, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) ANY FAILURE OF ANOTHER USER OF THE SITE TO CONFORM TO THE CODES OF CONDUCT, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE, (e) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT, OR THE FAILURE OF A VENUE TO HONOR A RESERVATION. OUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN US IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THE USE OF THE SITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE. OUR LIABILITY WILL BE LIMITED UNDER THIS PARAGRAPH TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND THE PROVISIONS OF THIS PARAGRAPH WILL NOT APPLY TO THE EXTENT APPLICABLE LAW PERMITS THE RECOVERY OF DAMAGES, ATTORNEYS' FEES OR COSTS OTHERWISE PROHIBITED UNDER THIS PARAGRAPH. THE PROVISIONS OF THIS PARAGRAPH THAT (A) PROHIBIT DAMAGES TO BE MULTIPLIED OR OTHERWISE INCREASED, (B) IMPOSE A DAMAGES LIMITATION OF THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS, AND (C) PROHIBIT THE RECOVERY OF ATTORNEYS' FEES AND COSTS, DO NOT APPLY IN CERTAIN STATES, INCLUDING WITHOUT LIMITATION NEW JERSEY, TO CLAIMS BROUGHT UNDER STATUTES PERMITTING SUCH RECOVERY.

Severability

If any part of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Use, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.

Indemnification

You agree to indemnify, defend and hold harmless TableSnatch and The Reservation Exchange, LLC, their employees, directors, officers, agents, business partners, affiliates, contractors, distribution partners and representatives, and any person or entity associated with TableSnatch or The Reservation Exchange, LLC - perceived or otherwise - from and against any and all claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to (i) your use of the Services, (ii) any breach by you of any of these Terms of Use, and (iii) any violation of applicable law.

Illness Contraction and Warning

An inherent risk of exposure to illness, including COVID-19, exists in any place where people gather. COVID-19 is an extremely contagious disease that can lead to severe illness and death. You assume all risks, hazards, and dangers arising from or relating in any way to the risk of contracting COVID-19 or any other communicable disease or illness, or a bacteria, virus or other pathogen capable of causing a communicable disease or illness, whether occurring before, during, or after the event, gathering or seating in a restaurant or other establishment, however caused or contracted, and voluntarily waive all claims and potential claims against TableSnatch and The Reservation Exchange, LLC, relating to such risks.

Violation of Terms and Voided Obligations

Any violating of any section proscribed by these Terms of Use may result in a termination of services by TableSnatch and The Reservation Exchange, LLC, and a prohibition of future use by any user in violation of these terms. Any violation of these terms will also void any responsibility or obligation on the part of TableSnatch and The Reservation Exchange, LLC, to any such user including, but not limited to any refund for payments made to TableSnatch and The Reservation Exchange, LLC, by such user.

Moreover, the failure of TableSnatch and The Reservation Exchange, LLC, to partially or fully exercise any rights or the waiver of TableSnatch and The Reservation Exchange, LLC, of any breach of these Terms of Use by you shall not prevent a subsequent exercise of such right by TableSnatch and The Reservation Exchange, LLC, or be deemed a waiver by Company of any subsequent breach by you of the same or any other term of these Terms and Conditions. The rights and remedies of Company under these Terms and Conditions and any other applicable agreement between you and Company shall be cumulative, and the exercise of any such right or remedy shall not limit Company's right to exercise any other right or remedy.