TwentyTables - Terms & Conditions

Welcome to TwentyTables! These Terms of Use (“Terms”) are a contract between you and TwentyTables, Inc. (“TwentyTables” or “we”) and govern your access to and use of any TwentyTables website, mobile application (such as for iPhone or Android) or content, or products and/or services made available through TwentyTables (collectively, the “Site”). Please read these Terms carefully before accessing and using the Site.

 

  1. TERMS OF USE

    1. Acceptance of Terms. By accessing and/or using the Site, you accept and agree to be bound by these Terms, just as if you had agreed to these Terms in writing. If you do not agree to these Terms, do not use the Site.

    2. Amendment of Terms. TwentyTables may amend the Terms from time to time. Unless we provide a delayed effective date, all amendments will be effective upon posting of such updated Terms. Your continued access to or use of the Site after such posting constitutes your consent to be bound by the Terms, as amended.

    3. Additional Terms. In addition to these Terms, when using particular plans, offers, products, services or features, you will also be subject to any additional posted guidelines, or rules applicable to such plan, offer, product, service or feature, which may be posted and modified from time to time. All such additional terms are hereby incorporated by reference into the Terms, provided that in the event of any conflict between such additional terms and the Terms, the Terms shall control.

 

  1. TWENTYTABLES PLATFORM

    1. TwentyTables Platform. TwentyTables is a meal ticket service that enables TwentyTables members to reserve, pay for, and pick-up or consume on premises meals offered and prepared by restaurants, food service providers, food trucks and chefs that partner with TwentyTables (“Merchants”). Through the TwentyTables Site you can access third party products and services. TwentyTables itself is not a restaurant, chef, food truck, or food service provider and does not own, operate or control any of the restaurants, chefs, food trucks or food services facilities accessible through the Site.

    2. Eligible Meals. Each member is eligible to receive 1 lunch or breakfast meal per ticket redeemed, and 1 dinner meal per 2 tickets redeemed from a participating Merchant. The member may redeem their tickets through TwentyTables’ Site at the Merchant of their choice available to such member on our platform.

    3. Meal Tickets. Meal tickets are sold in ticket bundles of any amount as determined by TwentyTables.  Meal tickets are non-refundable and non-transferrable, unless otherwise specifically permitted by TwentyTables.

    4. Merchant and Meal Availability and Allocation. TwentyTables makes no guarantee on the availability of particular Merchants, meals, menu choices or other inventory, and availability may change over time.

    5. Meal Modifications. TwentyTables Merchants are unable to make any modifications to the meals that they are offering on the platform. All meals will be prepared as described. Modifications, substitutions and any other changes or requests for changes are strictly forbidden and may result in a termination of your TwentyTables participation.

    6. Meal Ingredients. TwentyTables makes no guarantee of the ingredients contained in any meal. It is your responsibility to make sure that you can eat all of the ingredients contained in any meal.  THE ACCURACY OF A MEAL DESCRIPTION IS A MERCHANT’S RESPONSIBILITY.  

    7. Use of TwentyTables. Your TwentyTables participation is personal to you and you agree not to create more than one account. Members cannot transfer or gift meals to third parties, including other TwentyTables members, except as otherwise explicitly permitted by TwentyTables. TwentyTables may not be used for commercial purposes. To use your TwentyTables membership you must have access to the Internet. We continually update and test various aspects of the TwentyTables platform. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these test without notice.

 

  1. BILLING

    1. Recurring Billing. When you sign up for TwentyTables, you will have the option to choose recurring TwentyTables billing.  If you choose this option TwentyTables will automatically add 10 meals to you account when the number of tickets on your account tickets equal 5 or less.  You also authorize us to charge you any other fees you may incur in connection with your use of the Site, such as any applicable sign-up fees, tipping fees or taxes, as further explained below. You will receive an email notifying you that your Payment Method has been charged for a new 10-pack of tickets. You can change your opt-in of recurring billing at any time.

    2. Tipping. TwentyTables will bill your Payment Method for tips provided to Merchants through our Platform.  TwentyTables may bill you for these tips either individually, as they occur, or in the aggregate after a threshold amount of tips have been issued by you.  You agree to pay not only the tip amount(s), but also any Payment Method fees or charges associated with your tip(s).

    3. Refunds. Our meal tickets (including the administrative fees for your purchase and any other fees) are nonrefundable.  Any discounts or refunds that we may choose to provide are in our sole discretion and do not entitle you to any future discounts or refunds in the future for similar instances.

    4. Price Changes. We reserve the right to adjust pricing at any time. Unless we expressly communicate otherwise, any price changes will take effect on your next meal ticket purchase following notice communicated through a posting on the TwentyTables Site or mobile applicable or such other means as we may deem appropriate from time to time, such as email or push notification.

    5. Payment Methods. You may edit your Payment Method information by updating your profile information on the Platform. If a payment is not successfully settled, due to expiration, insufficient funds or otherwise, and you do not contact us with your Payment Method information or cancel your account (see, “Cancellation” below), you nonetheless will remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated, including in the event you attempt to create a new account. If we cannot charge your account, we reserve the right, but are not obligated, to terminate your access to our Site or any portion thereof.

    6. Cancellation of Participation. You may terminate your use of TwentyTables platform at any time. IF YOU TERMINATE YOUR USE OF THE PLATFORM, OR IF YOU FAIL TO REDEEM MEAL TICKETS WITHIN 12 MONTHS FOLLOWING THE DATE OF THEIR INITIAL PURCHASE AND THERE IS NO INDICATION THAT YOU CONTINUE TO BE AN ACTIVE USER, TWENTYTABLES WILL DEEM THE ACCOUNT ABANDONED, AND DONATE THE TICKET VALUE TO ONE OF ITS CHARITABLE PARTNERS, MINUS OUR ORDINARY FEES AND CHARGES (“ABANDONMENT”).

    7. Reservation and Cancellation of Meals. As a TwentyTables member you must reserve and cancel your TwentyTables meals only through the TwentyTables Site. It is a breach of these TwentyTables participation terms if you cancel, change, or request a meal directly with a Merchant. There are no refunds for meals ordered by you but not picked-up or otherwise abandoned. Tickets not used rollover from month to month, provided however tickets not redeemed within 12 months from date of purchase will be deemed abandoned and forfeited.

    8. Gifts and Promotions. From time to time we may make available gift cards for TwentyTables tickets, other types of promotions (including through the use of promotional codes or those provided as part of a third party promotion). Gift cards and promotions may be redeemed as described in the specifics of the promotion and may be subject to additional or different terms. Unless otherwise expressly communicated to you in connection with your redemption, gift cards and promotions are only available to new customers that have never had a TwentyTables account before, are not transferable, can only be used once, cannot be redeemed for cash, and may not be combined with other offers and are void where prohibited. To be eligible for certain promotions, you must not have an existing account.

    9. Ticket donations.  When you choose to donate one or more tickets through TwentyTables Site, you are authorizing TwentyTables to reclaim one ticket from you for purposes of TwentyTables charitable donation to one of our charity partners.  Every ticket donated helps PROVIDE 12 MEALS TO THE HUNGRY AND FOOD INSECURE.  Meals donated through TwentyTables will not quality to you as a personal tax donation.

    10. Taxes and administrative fees. Applicable taxes and fees are included in the per-ticket cost to TwentyTables customers.  Administrative fees are used to pay our restaurant partners for the administrative burden and cost associated with maintaining and participating in the TwentyTables platform


 

  1. OTHER FEES

    1. Fees We Charge. Your TwentyTables meal ticket fee covers your access to eligible meals as explained above. We reserve the right to change the policy regarding when we charge fees, to introduce additional fees (such as a sign up fee, late cancellation fee, or missed meal pick up fee) and to change the amount of any such fees at any time. Additionally, from time to time we may allow you to purchase additional meals, products or services through the TwentyTables Site. If you choose to purchase any of these offerings, you will be responsible to pay the applicable fees in addition to your membership fee.

    2. Third Party Fees for Using TwentyTables. You are also responsible for all third party charges and fees associated with connecting and using the Site, including fees such as internet service provider fees, telephone and computer equipment charges, sales tax and any other fees necessary to access the Site.

 

  1. TERMINATION OR MODIFICATION BY TWENTYTABLES.

    1. Termination or Modification. You understand and agree that, at any time and without prior notice TwentyTables may (1) terminate, cancel, deactivate and/or suspend your participation, your account, any meals reserved, or your access to or use of the Site (or any portion thereof) and/or (2) discontinue, modify, alter, or introduce any aspect, feature or policy of the Site or your subscription. This includes the right to terminate or modify any meal tickets prior to the end of any pre-paid commitment. Upon any termination, we may immediately deactivate your account and all related information and/or bar any further access to your account information and the Site. Upon any such termination by us without cause, as your sole recourse, we will issue you a pro rata refund of the prepaid portion of your account applicable to future unused services (less any fees or costs for meals or services already used, and less any meal tickets attributable to promotional or other non-paid means). If we determine that you have violated these Terms or otherwise engaged in illegal or improper use of the Site, you will not be entitled to any refund and you agree that we will not be responsible to pay any such refund. You agree that TwentyTables will not be liable to you or any third party for any termination or modification to the service regardless of the reason for such termination or modification. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of service made by us is to cancel or terminate your subscription.

    2. Infringing or Fraudulent Activity. TwentyTables does not permit copyright infringing activities and reserves the right to terminate access to the Site and remove all content submitted by any persons who are found to be infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Site may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies TwentyTables may have at law or in equity.

 

  1. ELIGIBILITY; REGISTRATION INFORMATION AND PASSWORD; SITE ACCESS.

    1. Eligibility Criteria. The availability of all or part of our Site may be limited based on demographic, geographic, or other criteria as we may establish from time to time. You understand and agree we may disallow you from subscribing to TwentyTables or may terminate your subscription at any time based on these criteria. For example, you must be 18 years of age or older to use this Site or to purchase a TwentyTables membership.

    2. THESE TERMS ARE ONLY APPLICABLE TO USERS IN THE U.S. THE SITE IS NOT AVAILABLE TO ANY USERS SUSPENDED OR REMOVED FROM THE SITE BY TWENTYTABLES. BY USING THE SITE, YOU REPRESENT THAT YOU ARE A RESIDENT OF THE UNITED STATES OR VISITOR TO THE UNITED STATES WHO HAS NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE SITE. THOSE WHO CHOOSE TO ACCESS THE SITE DO SO AT THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH ALL LOCAL RULES INCLUDING, WITHOUT LIMITATION, RULES ABOUT THE INTERNET, DATA, EMAIL OR OTHER ELECTRONIC MESSAGES, OR PRIVACY

    3. Organizations. If you are using or opening an account on behalf of a company, entity, or organization (a “Participating Organization”), then you represent and warrant that you are an authorized representative of that Participating Organization with the authority to bind such organization to these Terms; and agree to be bound by these Terms on behalf of such Participating Organization.

    4. Account Information. You agree that the information you provide to TwentyTables at registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account.

 

  1. PRIVACY

    1. Your privacy is important to TwentyTables. The TwentyTables Privacy Policy is hereby incorporated into these Terms by reference. Please read the privacy policy carefully for information relating to TwentyTables’ collection, use, and disclosure of your personal information. When you make a reservation, the applicable Merchant partner will have access to certain information about you, such as your name and email address, so it can provide services to you, communicate with you regarding the meal you reserved and send you other communication that may be of interest to you such as marketing offers. Please see the Privacy Policy for more information.

 

  1. PROHIBITED CONDUCT

    1. You promise not to:

      1. Harass, threaten, or defraud users, members or staff of TwentyTables or Merchants;

      2. Make unsolicited offers, advertisements, proposals, or send junk mail or “spam” to users;

      3. Impersonate another person or access another user’s account without that person’s permission;

      4. Share TwentyTables passwords with any third party or encourage any other user to do so;

      5. Cancel any TwentyTables meals directly with a Merchant, rather than through the TwentyTables Site

      6. Misrepresent the source, identity, or content of information transmitted via the Site, including deleting the copyright or other proprietary rights;

      7. Upload material (e.g. virus) that is damaging to computer systems or data of TwentyTables or users of the Site;

      8. Upload copyrighted material that is not your own or that you do not have the legal right to distribute, display, and otherwise make available to others; or

      9. Upload or send to Site users pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content.

 

  1. PROHIBITED USES

    1. As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner that, in our sole discretion, could damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site, or any part of the Site, other accounts, computer systems or networks connected to the Site, or any part of them, through hacking, password mining, or any other means or interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site. You may not remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, any features that prevent or restrict use or copying of any content accessible through the Site, or any features that enforce limitations on the use of the Site or the content therein. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site. You agree neither to modify the Site in any manner or form, nor to use modified versions of the Site, including (without limitation) for the purpose of obtaining unauthorized access to the Site. The Site may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.

    2. TwentyTables reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion without prior notice to you.

 

  1. USER SUBMISSIONS OF REVIEWS.

 

    1. General. The Site provides certain features which enable you and other users to submit a “thumbs-up” or “thumbs-down” review of meals purchased.  TwentyTables also enables you to provide private feedback to Merchants following the redemption of a ticket. (“User Submissions”) TwentyTables does not and cannot guarantee any anonymity or confidentiality with respect to any User Submissions, and strongly recommends that you think carefully about the feedback you provide. You understand that all User Submissions are the sole responsibility of the person from whom such User Submission originated. This means that you, and not TwentyTables, are entirely responsible for all User Submissions that you upload, post, e-mail, transmit, or otherwise make available through the Site.

    2. Right to Remove or Edit User Submissions. TwentyTables makes no representations that it will publish or make available on the Site any User Submissions, and reserves the right, in its sole discretion, to refuse to allow any User Submissions on the Site, or to edit or remove any User Submission at any time with or without notice. Without limiting the generality of the preceding sentence, TwentyTables complies with the Digital Millennium Copyright Act, and will remove User Submissions upon receipt of a compliant takedown notice (see the “Digital Millennium Copyright Act” section below).

    3. License Grant by You to TwentyTables. You retain all your ownership rights in original aspects of your User Submissions. By submitting User Submissions to TwentyTables, you hereby grant TwentyTables and its affiliates, sublicensees, partners, designees, and assignees of the Site (collectively, the “TwentyTables Licensees”) a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce (including by making mechanical reproductions), distribute, modify, adapt, translate, prepare derivative works of, publicly display, publish, publicly perform, and otherwise exploit your User Submissions and derivatives thereof in connection with the Site and TwentyTables’s (and its successors’) business, including, without limitation, for marketing, promoting, and redistributing part or all of the Site (and derivative works thereof), in any media formats and through any media channels now known or hereafter discovered or developed.

    4. User Submissions Representations and Warranties. You are solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize TwentyTables to use all patent, trademark, copyright, or other proprietary rights in and to your User Submissions to enable inclusion and use of your User Submissions in the manner contemplated by TwentyTables and these Terms, and to grant the rights and license set forth above, and (ii) your User Submissions, TwentyTables’s or any TwentyTables Licensee’s use of such User Submissions pursuant to these Terms, and TwentyTables’s or any of TwentyTables Licensee’s exercise of the license rights set forth above, do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) cause injury to any other person; (c) violate these Terms or any applicable law or regulation; or (d) require obtaining a license from or paying fees or royalties to any third party for the exercise of any rights granted in these Terms, including, by way of example and not limitation, the payment of any royalties to any copyright owners, including any royalties to any agency, collection society, or other entity that administers such rights on behalf of others. TwentyTables may, but is not obligated to, monitor and edit or remove any activity or content, including but not limited to content that TwentyTables determines in its sole discretion to be violative of the standards of this Site. TwentyTables takes no responsibility and assumes no liability for any User Submissions.

    5. Inaccurate or Offensive User Submissions. You understand that when using the Site, you may be exposed to User Submissions from a variety of sources and that TwentyTables does not endorse and is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable. YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST TWENTYTABLES WITH RESPECT THERETO.

    6. Feedback. If you provide TwentyTables with any comments, bug reports, feedback, or modifications proposed or suggested by you to the Site (“Feedback”), TwentyTables shall have the right to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into the Site. You hereby grant TwentyTables a perpetual, irrevocable, nonexclusive license under all rights necessary to incorporate and use your Feedback for any purpose.

 

  1. MERCHANT PROVISIONS

    1. Use of Services: Merchant will be responsible for (a) Merchant’s compliance and authorized users' compliance with this Agreement (b) accuracy, quality and legality of Merchant’s data and end user data and the means by which Merchant acquired such data, (c) using commercially reasonable efforts to prevent unauthorized access to or use of Services, and notify TwentyTables promptly of any such unauthorized access or use, and (d) using services only in accordance with applicable laws and government regulations.

    2. Merchant Materials: Merchant hereby grants, and TwentyTables accepts, a license to use, copy, and/or publicly display, during the Term, any and all trademarks, trade names, business names, logos, descriptions, menus and/or photographs of Merchant’s restaurant(s) and menu items (collectively, the “Merchant Materials”) as may be provided to TwentyTables by Merchant. Merchant represents and warrants that it has the right to license the Merchant Materials.

    3. Fees, Payment and Taxes:  TwentyTables agrees to pay Merchant $5.00 per redeemed ticket for food costs, plus $.50 per redeemed ticket for administrative expenses, for a total $5.50 per redeemed ticket. Merchant will provide TwentyTables with valid and updated ACH transfer information.  TwentyTables will pay Merchant within 48 hours for each ticket redeemed.  Merchant agrees to receive 1 ticket payment for meals served between 2AM and 4 PM (local time), and 2 tickets for meals served between 4PM and 2AM.  Merchant authorizes TwentyTables to transfer payment for all purchased services.  TwentyTables payments do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes assessable by any jurisdiction whatsoever (collectively, "Taxes"). Merchant is responsible for paying all Taxes associated with meals served through the Services.  TwentyTables has sole discretion to amend amount of payment per ticket with 7 days advance notice to Merchant.

 

    1. Proprietary Rights and Licenses:  Subject to the limited rights expressly granted hereunder, TwentyTables reserves all of TwentyTables’ rights, title and interest in and to the services and platform, including all of TwentyTables’ related intellectual property rights. No rights are granted to Merchant hereunder other than as expressly set forth herein.  Merchant grants TwentyTables and TwentyTables affiliates a worldwide, limited-term license to host, copy, transmit and display customer data and end user data created by or for Merchant using a service, as necessary for TwentyTables to provide the services in accordance with this Agreement. In addition, Merchant grants TwentyTables a perpetual, irrevocable right to maintain, access, and use end user data for its internal and commercial purposes.  Merchant grants to TwentyTables and its affiliates a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into the Services any suggestion, enhancement request, recommendation, correction or other feedback provided by Merchant or authorized users or end users relating to the operation of the Services.

 

    1. Termination. Either party may terminate this Agreement immediately by giving the other party written notice of termination in the event that the other party: (a) becomes insolvent; (b) files a petition in bankruptcy; (c) makes an assignment for the benefit of its creditors; or (d) breaches any of its obligations under this Agreement in any material respect, which breach is not cured within ten (10) days after the breaching party receives notice of such breach from the non-breaching party. Upon the expiration or termination of the Agreement for any reason: (a) the license(s) granted by TwentyTables to Merchant hereunder will immediately terminate; (b) the rights and obligations of the parties will survive such expiration or termination; and (c) any amounts still due TwentyTables shall remain due.

 

    1. Warranty Disclaimer. TWENTYTABLES MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO TWENTYTABLES SERVICES OR PLATFORM. TWENTYTABLES EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO TWENTYTABLES SERVICES AND PLATFORM,  AND ALL SERVICES PROVIDED HEREUNDER BY TWENTYTABLES OR ANY THIRD PARTY VENDOR SELECTED BY TWENTYTABLES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. TWENTYTABLES DOES NOT WARRANT THAT TWENTYTABLES SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

 

    1. Limitation of Liability. TWENTYTABLES WILL NOT BE LIABLE TO CUSTOMER FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR FOR ANY LOSS OF PROFIT, REVENUE, DATA, BUSINESS OR USE ARISING OUT OF THIS AGREEMENT. IN NO EVENT WILL TWENTYTABLES’ CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNTS PAID BY TWENTYTABLES TO CUSTOMER DURING THE THREE (3) MONTHS PRIOR TO THE DATE OF THE EVENT GIVING RISE TO THE INITIAL CLAIM FOR WHICH DAMAGES ARE RECOVERED.

 

    1. Confidentiality. Any confidential or proprietary information of either party, whether of a technical, business or other nature, including, but not limited to trade secrets, know-how, technology and information relating to customers, business plans, promotional and marketing activities, finances and other business affairs, including but not limited to the terms of this Agreement and TwentyTables (collectively, “Confidential Information”) disclosed to the recipient party by the disclosing party will be treated by the recipient party as confidential and proprietary. Unless specifically authorized by the disclosing party, the recipient party will: (a) not disclose such Confidential Information to any third party; and (b) otherwise protect such Confidential Information from unauthorized use and disclosure to the same extent that it protects its own Confidential Information of a similar nature. This Section 9 will not apply to any information that: (i) was already known to the recipient party, other than under an obligation of confidentiality, at the time of disclosure by the disclosing party; (ii) was generally available to the public or otherwise part of the public domain at the time of its disclosure to the recipient party; (iii) became generally available to the public or otherwise part of the public domain after its disclosure and other than through any act or omission of the recipient party in breach of this Agreement; (iv) was disclosed to the recipient party, other than under an obligation of confidentiality, by a third party who had no obligation to the other party not to disclose such information to others; or (v) was developed independently by the recipient party without any use of Confidential Information.

    2. Indemnification. Merchant agrees to indemnify, defend and hold harmless TwentyTables, and its officers, directors, employees, representatives and agents, from and against any and all actions, causes of actions, claims, demands, liabilities, losses, judgments, damages or expenses (collectively, "Claim" or "Claims") which TwentyTables may at any time incur, sustain or become subject to by reason of any Claim brought by a third party and: (a) arising out of the Merchant’s breach of any provision, warranty or representation in this Agreement; (b) arising out of the Merchant’s willful acts or omissions, negligence, or other similar wrongdoing; or (c) arising from Merchant’s failure to comply with any law or regulation. Merchant will pay all costs, damages, and expenses incurred by TwentyTables, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by TwentyTables in connection with or arising from any such Claim, provided that TwentyTables promptly notifies Merchant in writing of any such Claim, and promptly tenders to Merchant control of the defense and any settlement of such Claim.

 

    1. General. Neither this Agreement nor the licenses granted hereunder are assignable or transferable by Merchant without the prior written consent of TwentyTables. THE TERMS OF THIS AGREEMENT INCLUDING PRICING MAY BE CHANGED BY TWENTYTABLES FROM TIME TO TIME AND CUSTOMER MAY BE NOTIFIED BY TWENTYTABLES BY EMAIL OR OTHER WRITTEN NOTICE.

 

  1. OWNERSHIP; PROPRIETARY RIGHTS.

 

    1. The TwentyTables Site, including mobile applications, are owned and operated by TwentyTables Inc.. The visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of the Site provided by TwentyTables (“Materials”) are protected by the copyright, trade dress, patent, and trademark laws of Canada, the Unites States, the United Kingdom and other countries, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any content uploaded by you, all Materials contained on the Site are the copyrighted property of TwentyTables or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to TwentyTables or its affiliates and/or third-party licensors. Except as expressly authorized by TwentyTables, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.

 

  1. THIRD-PARTY SITES, PRODUCTS AND SERVICES; LINKS.

 

    1. The Site may include links or access to other web sites or services (“Linked Sites”) solely as a convenience to users. TwentyTables does not endorse any such Linked Sites or the information, material, products, or services contained on other linked sites or accessible through other Linked Sites. Furthermore, TwentyTables makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.

    2. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site are solely between you and such advertiser. YOU AGREE THAT TWENTYTABLES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE SITE.

 

  1. NOTICE.

 

    1. Except as explicitly stated otherwise, legal notices will be served, with respect to TwentyTables, on TwentyTables national registered agent, and, with respect to you, to the email address you provide to TwentyTables during the registration process. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice will be deemed given three days after the date of mailing.

 

  1. DISCLAIMERS; NO WARRANTIES.

 

    1. MEALS, AND OTHER NON-TWENTYTABLES PRODUCTS AND SERVICES OFFERED VIA THE SITE ARE OFFERED AND PROVIDED BY THIRD PARTIES, NOT TWENTYTABLES. YOUR COLLECTION AND USE OF THESE MEALS AND YOUR USE OF THESE NON-TWENTYTABLES PRODUCTS AND SERVICES IS SOLELY AT YOUR OWN RISK. IN NO EVENT SHALL TWENTYTABLES BE LIABLE FOR ANY ACT, ERROR OR OMISSION BY ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH A MEMBER’S VISIT TO A MERCHANT, A MEMBER’S USE OF OR CONSUMPTION OF A MEAL, SERVICE, PRODUCT OR APPOINTMENT MADE THROUGH THE SITE, OR THE PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY PROVIDER IN CONNECTION WITH THE SERVICES. TWENTYTABLES IS NOT AN AGENT OF ANY THIRD PARTY PROVIDER.

    2. THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TWENTYTABLES, ON BEHALF OF ITSELF AND ITS SUPPLIERS AND PARTNERS, DISCLAIMS AND EXCLUDES ALL WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

    3. WITHOUT LIMITING THE FOREGOING, TWENTYTABLES DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS (I) THAT THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (II) REGARDING THE USE OF THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ANY MATERIAL OR DATA THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE SITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

    4. CERTAIN STATE AND PROVINCE LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

  1. WAIVER AND RELEASE.

 

    1. You understand that TwentyTables is not a restaurant or food provider or other service provider and the meals you consume are sourced and prepared by the applicable Merchant and not by TwentyTables. Although TwentyTables endeavors to offer inventory that is of high quality, TwentyTables is not responsible for the quality or characteristics of any meals or service.

    2. Therefore, to the fullest extent permitted by law, you release, indemnify, and hold harmless TwentyTables,subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages and liabilities arising out of or in any way related to your participation in or use of your TwentyTables membership, including with respect to bodily injury, physical harm, illness, death or property damage.

    3. Section 1542 of the California Civil Code provides that:

    4. "A general release does not extend to claims which the party does not know or suspect to exist in his or her favor at the time of executing this release, which if known by him or her must have materially affected his settlement with the other party."

    5. YOU HEREBY EXPRESSLY WAIVE ALL RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1542 (or any statute of like effect in the jurisdiction in which you are located). This waiver extends to and includes any and all claims, liabilities, injuries, damages, and causes of action that the parties do not presently anticipate, know, or suspect to exist, but that may develop, accrue, or be discovered in the future.

 

  1. INDEMNIFICATION; HOLD HARMLESS.

 

    1. You agree to indemnify and hold TwentyTables, its affiliated companies, and its suppliers and partners harmless from any claims, losses, damages, liabilities, including attorneys’ fees, arising out of your misuse of the Site, violation of these Terms, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants.

 

  1. LIMITATION OF LIABILITY AND DAMAGES.

 

    1. UNDER NO CIRCUMSTANCES WILL TWENTYTABLES OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND PRODUCT LIABILITY), OR OTHERWISE, EVEN IF TwentyTables HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, TWENTYTABLESS LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

    2. TWENTYTABLES’S LIABILITY TO YOU IS LIMITED TO THE AMOUNTS, IF ANY, PAID BY YOU TO TWENTYTABLES UNDER THIS AGREEMENT IN THE THREE MONTHS IMMEDIATELY PRIOR TO THE EVENT FIRST GIVING RISE TO THE CLAIM, WHICHEVER IS MORE. THE FOREGOING LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF WHETHER TwentyTables HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

 

  1. ARBITRATION AGREEMENT - PLEASE READ THE FOLLOWING CAREFULLY:

 

    1. Purpose. This Arbitration Agreement facilitates the prompt and efficient resolution of any disputes that may arise between you and TwentyTables. Arbitration is a form of private dispute resolution in which parties to a contract agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. You have the right to opt-out of this Arbitration Agreement (as explained below), which means you would retain your right to litigate your disputes in a court, either before a judge or jury.

    2. Please read this Arbitration Agreement carefully. It provides that all disputes between you and TwentyTables shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into this Arbitration Agreement constitutes a waiver of your right to litigate claims in court and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this Arbitration Agreement and can award the same damages and relief as a court (including attorney’s fees).

    3. For the purpose of this Arbitration Agreement, “TwentyTables” means TwentyTables and its parents, subsidiaries, and affiliated companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and TwentyTables regarding any aspect of your relationship with TwentyTables, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Agreement (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced.

    4. WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.

    5. Pre-Arbitration Dispute Resolution. For all Disputes, whether pursued in court or arbitration, you must first give TwentyTables an opportunity to resolve the Dispute. You must commence this process by mailing written notification to TwentyTables, Legal Department, 6106 32nd St. NW Washington DC 20015. That written notification must include (1) your name, (2) your address, (3) a written description of the Dispute, and (4) a description of the specific relief you seek. If TwentyTables does not resolve the Dispute to your satisfaction within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.

    6. Exclusions From Arbitration And Your Right To Opt Out. Notwithstanding the above, you may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court in your state of residence; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). You may opt out of this Arbitration Agreement by mailing written notification to TwentyTables, Legal Department, 6106 32nd St. NW Washington DC 20015. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with TwentyTables through arbitration. Your decision to opt-out of this Arbitration Agreement will have no adverse effect on your relationship with TwentyTables. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.

    7. Arbitration Procedures. If this Arbitration Agreement applies and the Dispute is not resolved as provided above (“PreArbitration Claim Resolution”) either you or TwentyTables may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Arbitration Agreement. For arbitration before the AAA, for Disputes of less than $75,000 USD, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 USD or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Arbitration Agreement governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration. Because your contract with TwentyTables, the Terms of Use, and this this Arbitration Agreement concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.

    8. Arbitration Award. The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator shall make any award in writing but need not provide a statement of reasons unless requested by a party. Such award by the arbitrator will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

    9. Location of Arbitration. You may initiate arbitration in either Washington D.C., or in the federal judicial district that includes your address that you provide in your written notification of Pre-Arbitration Dispute Resolution. In the event that TwentyTables initiates an arbitration, it may only do so in the federal judicial district that includes your address that you provide in your written notification of Pre-Arbitration Dispute Resolution.

    10. Payment of Arbitration Fees and Costs. TwentyTables will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with TwentyTables as provided in the section above titled “Pre-Arbitration Dispute Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover from TwentyTables your actual and reasonable attorney’s fees and costs as determined by the arbitrator.

    11. Class Action Waiver. Except as otherwise provided in this Arbitration Agreement, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, representative action, consolidated action or private attorney general action) unless both you and TwentyTables specifically agree to do so following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of this Arbitration Agreement as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other Member of TwentyTables and/or user of TwentyTables services, can be a class representative, class member, or otherwise participate in a class, representative, consolidated or private attorney general proceeding without having complied with the opt-out requirements above.

    12. Limitation of Procedural Rights. You understand and agree that, by entering into this Arbitration Agreement, you and TwentyTables are each agreeing to arbitration instead of the right to a trial before a judge or jury in a public court. In the absence of this Arbitration Agreement, you and TwentyTables might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, you give up those rights. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited in arbitration. The right to appellate review of an arbitrator’s decision is much more limited than in court, and in general an arbitrator’s decision may not be appealed for errors of fact or law.

    13. Severability. If any clause within this Arbitration Agreement (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Arbitration Agreement, and the remainder of this Arbitration Agreement will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, then this entire Arbitration Agreement will be unenforceable and the Dispute will be decided by a court.

    14. Continuation. This Arbitration Agreement shall survive the termination of your contract with TwentyTables and your use of the TwentyTables Site and services.

 

  1. MISCELLANEOUS

 

    1. Choice of Law; Forum. These Terms shall be governed in all respects by the laws of the State of Delaware, without regard to conflict of law provisions. You agree that any claim or dispute you may have against TwentyTables must be resolved by a court located in Delaware, except as otherwise agreed by the parties or as described in the Arbitration Agreement paragraph above. You agree to submit to the personal jurisdiction of the courts located within Miami, Florida for the purpose of litigating all such claims or disputes.

    2. Assignment. We may assign our rights and obligations under these Terms. The Terms will inure to the benefit of our successors, assigns and licensees.

    3. Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.

    4. Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.

    5. Entire Agreement. These Terms, the Privacy Policy, and any applicable Additional Terms, as each may be amended as set forth herein, are the entire agreement between you and TwentyTables relating to the subject matter herein.

    6. Claims; Statute of Limitations. YOU AND TWENTYTABLES AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

    7. Disclosures. The services hereunder are offered by TwentyTables, Inc., located at: 6106 32ND ST. NW Washington DC and email: [email protected] If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.

    8. Waiver. No waiver of any of these Terms by TwentyTables is binding unless authorized in writing by an executive officer of TwentyTables. In the event that TwentyTables waives a breach of any provision of these Terms, such waiver will not be construed as a continuing waiver of other breaches of the same nature or other provisions of these Terms and will in no manner affect the right of TwentyTables to enforce the same at a later time.

 

Last updated: October 20, 2017