RestauRent Legal

These Terms of Service (the “Terms”) constitute a legally binding agreement between you and Restaurent, Inc. (“Restaurent”, “us”, “our”, and “we”) governing your access to and use of the website located at www.Restaurent.com and any subdomains or other websites to which these Terms are linked (the “Site”), including any content, functionality, and services that are offered on or through the Site, as well as any web-based or mobile applications and other forms of media that are related, linked, or connected to the Site (collectively, the “Service”) and any other interactions you may have with Restaurent. You agree to be bound by these Terms, regardless of whether or not you register an account or otherwise subscribe to the Services.

BY ACCESSING OR USING THE SITE OR ANY SERVICES, YOU ARE ACCEPTING THESE TERMS OF SERVICE (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT) AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, OUR PRIVACY POLICY, AND ALL OTHER TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE OR THE PRIVACY POLICY, PLEASE DO NOT ACCESS OR USE THE SITE OR ANY SERVICES. Please read these Terms carefully before you start to use the Service. We encourage you to retain a copy of these Terms for your records. You can contact us at hello@restaurent.com with any questions regarding these Terms.

PLEASE BE AWARE THAT THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTIONS WAIVER THAT APPLIES TO ALL USERS. Please read these provisions carefully, as they affect how disputes with Restaurent are resolved. By accepting these Terms of Service, you agree to be bound by this arbitration clause and class action waiver.

1. Users and Eligibility
   1. The Service includes an online directory that allows companies and individuals hosting events (“Hosts”) to explore, discover, and research venues and connect with the venue owners and operators (“Venue Operators”). The Services also include features to create, send, distribute and receive online invitations and allow guests (“Guests”) to respond. If you choose to use the Service, whether as a Host, Guest, or a Venue Operator, you act exclusively on your own behalf and for your own benefit, any not on behalf, or for the benefit of, Restaurent. We refer to Hosts, Guests, Venue Operators, and other individuals that visit or use the Services collectively as “Users” throughout these Terms.
   2. Our Services are only available to business entities and individuals who are at least eighteen (18) years of age and who can form legally binding contracts under applicable law. The Services are also not available to any Users who have been previously removed or suspended from the Service.
   3. By using the Service, you represent and warrant that You have the right, authority and capacity to enter into these Terms and to abide by all of the terms and conditions herein. If you use the Service on behalf of another person or entity, (a) all references to “you” and “your” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.
   4. Restaurent may make the access to and use of the Service, or certain areas or features of the Service and/or Restaurent’s products and Services, subject to certain conditions or requirements, such as completing a verification process or meeting specific quality or eligibility criteria. For example, certain access and features may only be available to Venue Operators whose identity has successfully been verified.
   5. If you access the Service from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. You acknowledge that any information relating to an identified or identifiable individual that you provide will be processed in the United States and other geographies as selected by us in our sole discretion, and you hereby consent to the collection and processing of your personal information in a manner consistent with these Terms and the Privacy Policy. WE MAKE NO REPRESENTATION THAT THE SERVICES, INCLUDING, WITHOUT LIMITATION THE CONTENTS THEREOF OR ANY SPECIFIC FUNCTIONALITY, ARE APPROPRIATE OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES, OR OTHERWISE COMPLY WITH ANY LAWS, RULES, AND REGULATIONS OUTSIDE OF THOSE JURISDICTIONS.
2. Access to the Service
   1. License. Subject to these Term of Service, and provided that you are eligible for use of the Service, Restaurent grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Service solely for your own personal, noncommercial use and not for distribution. Any use of the Service or the Service Content (as defined below in Section 4.1) other than as specifically authorized herein is strictly prohibited and will terminate the license granted herein, unless you have obtained our express written permission. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable by us at any time without notice and with or without cause.
   2. Prohibited Uses. You are solely responsible for compliance with any and all laws, rules, and regulations that may apply to your use of the Service. In addition to other restrictions set forth throughout these Terms, in connection with your use of the Service, you will not assist or enable others to:
      1. use the Service in any way that violates any applicable federal, state, local, or international law or regulation;
      2. use the Service in any manner that breaches or circumvents any agreements you may have with third parties, any rights of third parties, or these Terms;
      3. use the Service for commercial or other purposes that are not expressly permitted by these Terms, or in any manner that falsely implies Restaurent’s endorsement, partnership, or any affiliation with you;
      4. copy, store, access, or use, any information contained on the Service in a way that is inconsistent with these Terms or otherwise violates the privacy rights of Users or third parties;
      5. access the Service in order to build a similar or competitive website, product, or service;
      6. use the Service in connection with the distribution of unsolicited commercial messages;
      7. use the Service in any manner that could damage, disable, overburden, disrupt or impair the performance or proper functioning of the Service;
      8. transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature through your use of the Service;
      9. attempt to gain unauthorized access to any part of the Service, including feature of the Services requiring a subscription, other accounts, or computer systems;
      10. attempt to decipher, decompile, disassemble, or reverse engineer any of the technology and software underlying the Service or distributed in connection therewith (the “Software”);
      11. discriminate or harass any User or third party, or otherwise engage in any behavior that infringes on others’ rights, causes harm to anyone, or is abusive, inappropriate, or disruptive;
      12. copy, reproduce, distribute, republish, download, display, post, or transmit and part of the Service, except as expressly stated herein.
   3. Additional Terms. Certain features of the Service may be subject to additional guidelines, supplemental terms, or rules, which are available with these Terms or otherwise posted on the Service in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
   4. Modification. Restaurent may improve, enhance and modify the Service and introduce new features from time to time. We also reserve the right to modify, suspend, or discontinue the Service, in whole or in part, at any time with or without notice to you. You agree that Restaurent will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Service or any part thereof. For example, Restaurent may restrict the availability of the Service or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Service.
   5. No Support or Maintenance. You acknowledge and agree that Restaurent will have no obligation to provide you with any support or maintenance in connection with the Service. Due to the nature of the internet, Restaurent cannot guarantee the continuous and uninterrupted accessibility of the Service.
   6. Ownership. You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Service and its content are owned by Restaurent or Restaurent’s suppliers, licensors, and third parties, which may include other Users. There are no implied licenses granted under these terms. Restaurent its suppliers, and licensors reserve all rights not granted in these Terms.
3. Venues & Transactions
   1. Venue Profiles. Restaurent collects information regarding venues that offer locations and services to host private events (each, a “Venue”) and uses this information in connection with the Service, including to create profiles for Venues that are published on or through the Service (each, a “Venue Profile”). The information that we collect and use in connection with the Service comes from a variety of sources, such as Venue Operators and other third party sources.
   2. Disclaimer. While we have the right, but not the obligation, to verify information and have reason to believe the information available on or through the Service is reliable, we do not control all information posted on the Service. In addition, the accuracy and completeness of certain data, content, materials, and other information accessible on or through the Service depends on the availability of data relevant to a particular market, area or business. Restaurent makes no guaranties or warranties, whether express or implied, that any information, data, or materials available on or through the Service are complete, accurate, reliable, or error-free. You are fully responsible for any use of the data, content, materials, or other information available on or through the Service and any decisions you make, and we encourage you to independently verify information posted on the Service before using such information for your own purposes.
   3. Neutral Party. Restaurent and the Service function solely as a neutral party and digital clearinghouse where Users may connect. We are not involved in or a party to actual transactions between Users, and we do not represent or act as an agent for any User, Host, or Venue. By using the Service, you acknowledge and agree that Restaurent does not have any control over the quality, safety, legality, or accuracy of any transaction between Users, whether or not such transaction takes place on, through, or using the Service. We make no representations or warranties with respect to, and are not liable or responsible for, the actions or inactions of Users.
4. Proprietary Rights
   1. The Service, including text, graphics, pictures, video, data, information, designs, software, and other content and materials available on or through the Service (“Service Content”), contain copyrighted materials, trademarks, proprietary and confidential information, and intellectual property belonging to Restaurent, Inc. and its licensors or authorizing third parties. Service Content is provided for informational and research purposes only. Service Content may only be accessed through the Service, and not by or from any other means. Neither these Terms or your access to the Service transfers to you or any third party any rights, title or interest in or to Service Content, except for the limited access rights expressly set forth in Section 2.1 above. This means that your right of access to the Service does not grant to you any right to download or store any Service Content in any medium.
   2. You agree not to modify, copy, adapt, prepare derivative works of, distribute, frame, reproduce, republish, download, publicly display, post, transfer, transmit, sell or otherwise exploit in any form or by any means the Service Content, in whole or in part, without our prior written permission. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service or any Service Content. Notwithstanding the foregoing, the restrictions in this Section 4.2 do not apply to your own User Content (as defined in Section 5 below) that you legally post on or through the Service or any part thereof.
   3. Except for your own User Content, you may not republish Service Content on any other platform, internet, intranet or extranet site, or application, or incorporate the information in any other database or compilation. Any use of the Service Content not expressly permitted herein is strictly prohibited. In connection with your use of the Service, you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Restaurent from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address).
   4. The Software is the property of Restaurent and our licensors. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Restaurent.
   5. As between you and us, Restaurent reserves all intellectual property rights, other than as expressly granted under the applicable licenses granted to you in these Terms. No posting, copying, transmission, distribution, redistribution, publication, republication, decomplication, disassembling, reverse engineering, or otherwise reproducing storing, transmitting, modifying, or commercially exploiting any Service Content in any form or by any means, for any purpose, is permitted without our express written permission.
   6. “Restaurent” and other graphics, logos, designs, page headers, button icons, scripts and service names are trademarks or trade dress of Restaurent in the U.S. and/or other countries. Our trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without our prior written permission. Other trademarks, service marks, and logos used on the Service are the trademarks, service, marks or logos of their respective owners. Restaurent uses these third-party trademarks, service marks, and logos for identification purposes only.
   7. Restaurent respects trademark, copyright, and other intellectual property law and expects its Users to do the same. We may, in appropriate circumstances, remove or disable access to any Service Content or other materials on the Service that we believe (or are notified) may infringe on the rights of others. If you believe that any content on the Service infringes trademarks or copyrights you own, please notify us promptly. Please see our Copyright Policy for additional information on how to report claims of copyright infringement.
5. User Content
   1. Restaurent may, at its sole discretion, enable Users to (i) create, upload, post, share, send, display, publish, transmit, submit, and store information and content, such as text, photos, audio, video, or other materials and information on or through the Service ("User Content"); and (ii) access and view User Content of other Users and any content that Restaurent itself makes available on or through the Service, including proprietary content and any content licensed or authorized for use by or through Restaurent from a third party. For avoidance of doubt, your User Content includes any information, data, or materials that you verify, post, share, upload, display, publish, submit, or transmit on or through a Venue Profile, event page, or any other features available on, through or in connection with the Services.
   2. You are solely responsible for all User Content that you post, share, or otherwise make available on, through, or using the Service, including, without limitation, any information or content posted to a Venue Account, content within an invitation or other communication sent or otherwise transmitted through the Service, or content included in a comment posted to any feature of the Service. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that is transmitted through the Service by you or on your behalf or you have all rights, licenses, consents and releases that are necessary to grant to Restaurent the rights in and to such User Content, as contemplated under these Terms; and (ii) neither the User Content nor your posting, sharing, uploading, display, publication, submission or transmittal of the User Content or Restaurent’s use of the User Content (or any portion thereof) will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
   3. You will not post, upload, share, display, publish, submit or transmit any User Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person; (v) promotes illegal or harmful activities or substances; or (vi) violates any other Restaurent policy. Restaurent may, without prior notice, remove or disable access to any User Content that Restaurent finds to be in violation of these Terms, or otherwise may be harmful or objectionable to Restaurent, its Users, or any third party.
   4. By posting, uploading, sharing, displaying, publishing, submitting or otherwise transmitting any information of or related Guests to on our through the Services, you represent and warrant that you have such Guest’s express permission and consent to communicate with them and share their information. You acknowledge and agree that if you receive a request from a Guest to remove that Guest’s name, likeness, or contact information from any public guest list or other feature of the Services, you will promptly remove such information or contact Restaurent at hello@restaurent.com to remove it.
   5. By creating, uploading, posting, sending, receiving, storing, sharing, verifying, or otherwise making available any User Content on or through the Service, or otherwise providing or sending User Content to Restaurent, you grant to Restaurent a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such User Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such User Content to provide and/or promote the Service and other products and services operated or provided by Restaurent, in any media or platform. Except to the extent otherwise granted or agreed by you in writing, Restaurent does not claim any ownership rights in your User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your User Content.
   6. Restaurent does not control User Content or any other materials posted or sent through the Services by Users or any third party. Accordingly, Restaurent does not guarantee the accuracy, integrity, appropriateness, or quality of any User Content. By using the Services, you expressly acknowledge and agree that you may be exposed to information that is inaccurate or offensive. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, RESTAURENT WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY USER CONTENT OR OTHER CONTENT, INFORMATION, MATERIALS, OR SUBMISSIONS THAT ARE POSTED BY OR OB BEHALF OF ANY USER OR THIRD PARTY, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR ERRORS AND OMISSIONS IN ANY USER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY USER CONTENT POSTED, DISPLAYED, OR OTHER TRANSMITTED ON OR THORUGH THE SERVICE.
   7. Notwithstanding anything to the contrary in these Terms, Restaurent shall own and retain all right, title, and interest in and to any presentation or manifestation of information or data elements in an aggregated, statistical, or summary format that is created, developed, or produced by Restaurent (“Resultant Data”), whether or not such Resultant Data is derived from User Content, including following Restaurent’s aggregation, integration, or combination of User Content with data that is proprietary to Restaurent or any third party, together with all intellectual property rights in and to the Resulting Data. Without limiting the generality of the foregoing, you specifically acknowledge and agree that Restaurent may aggregate and combine your User Content, in whole or in part, with Restaurent Service Content, other User Content, and other data or information, in order to create and develop estimates, metrics, and other data, which shall be considered Resultant Data exclusively owned by Restaurent pursuant to these Terms.
6. Accounts, Subscriptions & Fees
   1. Accounts. In order to use certain features of the Service, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. For example, only a registered Host may add Guests and send online invitations through the Services. You must give us accurate and complete information on all registration forms requested by Restaurent, including forms provided on or through the Service. You are prohibited from setting up an Account using a name, contact information, or company information that does not apply to you or the applicable Venue. By creating an Account or otherwise registering or subscribing to the Service, you represent and warrant that: (a) all required registration information and any other information you submit to the Services is truthful and accurate; and (b) you will maintain the accuracy of such information for as long as you maintain an Account. You may delete your Account at any time, for any reason, by following the instructions on the Service. If Restaurent, in its sole discretion, believes you have provided inaccurate information or failed to update your information, we may suspend or terminate your Account with or without notice to you.
   2. Subscriptions. Venue Operators are required to subscribe to the Service and create an appropriate account (an “Venue Account”) to claim a Venue Profile and be able to post to, publish, update, or otherwise share information on or using such Venue Profile. Restaurent currently offers subscription-based services to Venues, with options for monthly and annual subscription terms (each, a “Subscription Period”). All subscriptions will automatically renew at the end of each Subscription Period (monthly or yearly, depending on your selection).
   3. Verification. If you subscribe to the Service as a Venue or otherwise register for an Venue Account, Restaurent may, but is under no obligation to, require that you provide proof that you are an owner or other authorized representative with all necessary rights to post information about the Venue. This verification process may be implemented directly by Restaurent or by a third-party service provider. If Restaurent is unable to verify that you are the authorized representative of the Venue, Restaurent may deny your request to create or register for an Venue Account, and may remove the Venue Profile or any information on the Venue Profile in its sole discretion.
   4. Security. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account, whether or not authorized by you. You agree to immediately notify Restaurent of any unauthorized use, or suspected unauthorized use of your Account, or any other breach of security. Restaurent cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
7. Fees
   1. Subscription Fees. If you register for any feature or functionality of the Service that requires a membership or subscription, you agree to pay all applicable subscription fees for the Services (the “Subscription Fee”) as agreed during the online registration or subscription process (the “Order”). If your use of the Services exceeds any service capacity or other limitations set forth in the Order or otherwise requires the payment of additional fees, you will be billed for such usage and agree to pay the additional fees. Further, Restaurent reserves the right to modify the applicable Subscription Fee or institute new charges at the end of each Subscription Period by providing at least fifteen (15) days prior notice. If you do not agree to this increase, you may terminate your subscription at the end of your current Subscription Period. All Subscription Fees are noncancellable and nonrefundable.
   2. Payment Terms. Unless otherwise agreed in an Order, subscription services are billed on the first day of each Subscription Period. If you are paying by credit card, you authorize Restaurent to charge your authorized payment method for all Subscription Fees applicable during the Term. You further authorize us to use a third party to process payments, and consent to the disclosure of your payment information to such third party. If your credit card or other authorized payment method cannot be charged, access to the Services may be suspended without refund or credits, and payment information must be updated in order to resume use. Unpaid amounts are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection and may result in immediate termination of Service. You shall be responsible for all taxes associated with Services other than U.S. taxes based on Company’s net income.
   3. Cancellation Policy. Venue Operators and any other Users with paid subscriptions may cancel their subscription by providing written notice via email to hello@restaurent.com at least fifteen (15) business days before the next billing cycle. Following Restaurent’s receipt of a cancellation request, the subscription will remain active until the end of the current billing cycle. The cancellation will take effect at the start of the next billing cycle, at which point no further charges will be incurred. No refunds or credits will be issued for partial billing cycles.
8. Third-Party Services; Other Users
   1. Third-Party Services. On or through the Service, Restaurent may display content and/or advertisements from third parties, provide information about services of third parties, and provide links to third-party websites and services (collectively, “Third-Party Services”). We do not control Third-Party Services, and we are not responsible for their content. Restaurent provides access to these Third-Party Services only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services. Use of any Third Party Services is at your sole risk and will be governed by separate terms and conditions, and separate privacy policies relating to usage of content and data you may share with Third-Party Services. We strongly encourage you to review the terms and conditions, privacy policies, and other policies that apply to your use of any Third-Party Services. Restaurent is not responsible or liable for any loss or damage of any sort incurred as the result of any interactions with or use of Third-Party Services, or as the result of the presence of such third-party information made available through the Service.
   2. Interactions. The Service may also provide features that allow you interact with other Users, or to share information with other Users through message boards, event pages, Venue Profiles, and other means. If you communicate or otherwise interact directly with other Users, those interactions are solely between you and such Users. Restaurent will also display, post, or share your User Content and other information with other Users at your request. For example, if you utilize any feature of our Service for the purpose of matching you with a venue for your event, we will share your information with relevant Venues and Venue Operators. You agree that Restaurent will not be responsible for any loss or damage incurred as the result of any interactions with other Users or third parties or attendance of any event displayed or sent through the Services. We encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any kind of communication or transaction with any other User or third party. If there is a dispute between you and any other User, we are under no obligation to become involved.
9. Indemnification. You agree to release, defend (at Restaurent’s option), indemnify and hold Restaurent (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your violation of these Terms; (b) your improper use of the Service or any part thereof, including Service Content; (c) your User Content; (d) your interaction with any User, including any injuries, losses, or damages (whether compensatory, direct, incidental, consequential, or otherwise) of any kind arising out of or in connection with such interaction or use; and (e) your violation of applicable laws or regulations. Restaurent reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Restaurent. Restaurent will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
10. Disclaimers

IF YOU CHOOSE TO USE THE SERVICE OR ANY SERVICE CONTENT, YOU DO SO VOLUNTARILY AND AT YOUR SOLE RISK. YOU ASSUME ALL RISK FOR ANY DAMAGE OR LOSS THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY USER CONTENT OR OTHER SERVICE CONTENT, OR FROM YOUR INTERACTIONS WITH OTHER USERS. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND RESTAURENT (AND OUR SUPPLIERS AND LICENSORS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS AND LICENSORS) MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. NO SERVICE CONTENT OR ANY OTHER INFORMATION OR MATERIALS AVAILABLE ON OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO 90 DAYS FROM THE DATE OF FIRST USE.

THE FOREGOING DISCLAIMERS AND LIMITATIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

1. Limitation on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL RESTAURENT (OR OUR SUPPLIERS OR LICENSORS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICE, EVEN IF RESTAURENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS AND LICENSORS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

1. Dispute Resolution and Arbitration Agreement.
   1. Please read the following Dispute Resolution and Arbitration Agreement (the “Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Restaurent, and limits the manner in which you can seek relief. The Arbitration Agreement shall apply if you (i) reside in the United States; or (ii) do not reside in the United States, but bring any claim against Restaurent in the United States.
   2. Overview of Dispute Resolution Process. Restaurent is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom this section applies: (1) an informal negotiation directly with Restaurent’s customer service team, and (2) a binding arbitration administered by the American Arbitration Association (“AAA”) using its specially designed Consumer Arbitration Rules (as modified by this Section). Specifically, the process provides:
      • Claims can be filed with AAA online (www.adr.org);
      • Arbitrators must be neutral and no party may unilaterally select an arbitrator;
      • Arbitrators must disclose any bias, interest in the result of the arbitration, or relationship with any party;
      • Parties retain the right to seek relief in small claims court for certain claims, at their option;
      • The initial filing fee for the consumer is capped at $200;
      • The consumer gets to elect the hearing location and can elect to participate live, by phone, video conference, or, for claims under $25,000, by the submission of documents;
      • The arbitrator can grant any remedy that the parties could have received in court to resolve the party’s individual claim.
   3. Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and Restaurent each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact Restaurent’s customer service team by emailing us at the contact addresses provided on the Site. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.
   4. AGREEMENT TO ARBITRATE. YOU AND RESTAURENT MUTUALLY AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE BREACH, TERMINATION, ENFORCEMENT OR INTERPRETATION THEREOF, OR TO THE USE OF THE SERVICE, ANY RELATED RESTAURENT SERVICE, OR ANY SERVICE CONTENT (COLLECTIVELY, “DISPUTES”) WILL BE SETTLED BY BINDING ARBITRATION (THE “ARBITRATION AGREEMENT”). IF THERE IS A DISPUTE ABOUT WHETHER THIS ARBITRATION AGREEMENT CAN BE ENFORCED OR APPLIES TO OUR DISPUTE, YOU AND RESTAURENT AGREE THAT THE ARBITRATOR WILL DECIDE THAT ISSUE.
   5. Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org or by calling the AAA at 1–800–778–7879.
   6. Modification to AAA Rules - Arbitration Hearing/Location. In order to make the arbitration most convenient to you, Restaurent agrees that any required arbitration hearing may be conducted, at your option: (a) in Providence County, Rhode Island; (b) in any other location to which you and Restaurent both agree; (c) via phone or video conference; or (e) for any claim or counterclaim under $25,000, by solely the submission of documents to the arbitrator.
   7. Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
   8. JURY TRIAL WAIVER. YOU AND RESTAURENT ACKNOWLEDGE AND AGREE THAT WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AS TO ALL ARBITRABLE DISPUTES.
   9. NO CLASS ACTIONS OR REPRESENTATIVE PROCEEDINGS. YOU AND RESTAURENT ACKNOWLEDGE AND AGREE THAT WE ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS USER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING AS TO ALL DISPUTES. FURTHER, UNLESS YOU AND RESTAURENT BOTH OTHERWISE AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF ANY CLASS OR REPRESENTATIVE PROCEEDING. IF THIS PARAGRAPH IS HELD UNENFORCEABLE WITH RESPECT TO ANY DISPUTE, THEN THE ENTIRETY OF THE ARBITRATION AGREEMENT WILL BE DEEMED VOID WITH RESPECT TO SUCH DISPUTE.
   10. Severability. Except as provided in the immediately preceding paragraph, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
   11. Changes. Notwithstanding the provisions of Section 12.1 (“Changes”), if Restaurent changes this Section (“Dispute Resolution and Arbitration Agreement”) after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Restaurent in accordance with the provisions of the “Dispute Resolution and Arbitration Agreement” section as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms).
   12. Survival. Except as otherwise provided in this section, this section will survive any termination of these Terms and will continue to apply even if you stop using the Service or terminate your Restaurent account.
2. Term and Termination. Subject to this Section 13, these Terms will remain in full force and effect while you use the Service. We may suspend or terminate your rights to use the Service (including your Account) at any time for any reason at our sole discretion, including for any use of the Service in violation of these Terms. We also reserve the right to modify or discontinue the Service or any Services at any time and without notice to you, including by limiting or discontinuing certain features of the Service or any Services. Upon termination of your rights under these Terms, your Account and right to access and use the Service will terminate immediately. Restaurent will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account. Even after your rights under these Terms are terminated, any provisions of these Terms that by their nature are intended to survive termination will remain in effect.
3. General
   1. Changes. These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), notifying you through the Service, and/or by prominently posting notice of the changes on our Service. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Service following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
   2. Export. The Service may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Restaurent, or any products utilizing such data, in violation of the United States export laws or regulations.
   3. Electronic Communications. The communications between you and Restaurent use electronic means, whether you use the Service or send us emails, or whether Restaurent posts notices on the Service or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Restaurent in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Restaurent provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
   4. Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Service. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Restaurent is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Restaurent’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Restaurent may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
   5. Feedback. We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Service (“Feedback”). You may submit Feedback by contacting us at the email address provided below, or by other means of communication. If you provide any Feedback, you hereby assign to Restaurent all rights in such Feedback and agree that Restaurent shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate, without any compensation to you. Restaurent will treat any Feedback you provide to Restaurent as non-confidential and non-proprietary. You agree that you will not submit to Restaurent any information or ideas that you consider to be confidential or proprietary.
   6. Contact Information:

Restaurent, Inc.

225 Dyer Street, Providence, RI 02903: hello@restaurent.com