This User Agreement (the "Agreement") is entered into between you (the "User" or "you") and NiteTables Inc., its subsidiaries and affiliates (collectively referred to herein as "we" or "NT"). This Agreement together with the policies referred to herein governs your use of the table and bottle reservation services and promotional offers provided at NiteTables.com and all related websites owned and controlled by NT.
The NiteTablesTM Experience
NiteTables.com brings you the V.I.P. experience with a simple, easy-to-use interface that allows you to make advanced reservations at your preferred venue, select a specific seating area and shop for your bottle(s) of choice all before you arrive.
Reservations Placed by NT
NT charges a 10% non-refundable deposit (the "Minimum Purchase Deposit") directly to Users
making secured reservations online with NT based upon a minimum purchase commitment as
described herein. Once a reservation is made by User, NT will provide confirmation of
the reservation to User by email. By using the NT services, User agrees to receive reservation
confirmations by email after booking a reservation through NiteTables.com.
NT requires each User making an online reservation to agree to a minimum purchase, or to make
a minimum purchase commitment and deposit to one or more available approved party packages
offered at NiteTables.com (the "Minimum Purchase").
The Minimum Purchase Deposit paid by User to NT is ten percent (10%) of the amount of the Minimum Purchase. The Minimum Purchase reservation shall specify the minimum number of bottles, beverages or other items purchased and reserved, the number of expected table patrons at each table, and any pricing schedule or special events package selected by User.
It is the venue's responsibility to deduct the total amount of the Minimum Purchase Deposit pre-paid to NT from the final bill given to User on the night of the reservation. NT shall provide the amount of the Minimum Purchase Deposit pre-paid by User.
NT shall not disclose User credit card information provided to NT. The venue shall be solely responsible for collecting payment of the User's final bill and balance of the Minimum Purchase.
User agrees to use the NT services only to book reservations at participating venues and then honor those reservations by arriving on time and ordering and paying for all orders.
All Users shall arrive promptly on the night of the reservation. On the night of a User reservation, the admittance of additional table patrons beyond the number specified in the User's Minimum Purchase order shall be subject to the discretion of the participating venue honoring User's reservation.
All eligible Users must be 21 years of age or older and the valid holder of a credit or charge card. No liquor is sold directly by NT.
Any and all other uses which are unlawful or in violation of this Agreement's terms and conditions are prohibited. NT reserves the right, in its sole discretion, to refuse service, terminate accounts, remove or edit content, or cancel reservations.
Term, Termination and Exclusivity Option
This agreement will be effective from the date upon which it is signed (manually or electronically)
by you, and shall continue in force and effect until terminated as provided herein (the "Term").
You will never receive email from any third party affiliated with NT, such as a venue, unless you have affirmatively opted to receive such email. You may select not to receive future emails from NT by following the "unsubscribe" instructions provided.
Much of the information on NiteTables.com is updated on a real time basis and is proprietary or licensed to NT by its participating venues or third parties. By using the NT Site, you agree not to:
Use any robot, spider, scraper or other automatic device, process or means to access the NT Site for any purpose without NT's express written permission.
Take any action that imposes or may impose (in NT's sole discretion) an unreasonable or disproportionately large load on our infrastructure.
Implement any manual processes to monitor or copy NT Content from the NT Site without express written permission.
Utilize any device, software or routine that will interfere or attempt to interfere with the functionality of the NT Site.
NiteTablesTM Network Property
All rights arising under copyright, trademark, patent and other intellectual property laws in connection with the NiteTablesTM website and database are the sole and exclusive property of NT. All NT software, webpages, databases, and related items are proprietary to NT and are the exclusive property of NT.
User shall not copy, display, modify, create derivative works of, publish, or sell the NT Content or any information, software, or services provided by NT hereunder.
LINKS TO THIRD PARTY SITES
The NT Site may contain hypertext links to Web sites operated by parties other than NT. Such hypertext links are provided for NT's reference only and NT does not control such Web sites and is not responsible for their content. NT's inclusion of any hypertext links to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators.
IN NO EVENT SHALL NT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH (I) ANY USE OF THE SERVICES, THE NT SITE OR THE NT CONTENT, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF THE SERVICES OR THE NT SITE FOR RESERVATIONS), OR (III) THE PERFORMANCE OR NON-PERFORMANCE OF ANY RESTAURANT IN CONNECTION WITH THE SERVICES. IN ADDITION, ALL USERS SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING USERS TO THE NT SITE BY REFERRAL, LINK OR ANY OTHER MEANS IS NOT LIABLE TO USER FOR ANY REASON WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE SERVICES, THE NT SITE OR THE NT CONTENT. NT IS NEITHER AN AGENT OF NOR IS CONNECTED WITH ANY AFFILIATED RESTAURANT IN WHICH A USER HAS MADE A RESERVATION. ASIDE FROM THE SERVICES PROVIDED ON THE NT SITE. NT IS NOT LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH A USER'S VISIT TO AN AFFILIATED RESTAURANT.
DISCLAIMER OF WARRANTY
THE INFORMATION, PROGRAMS, PRODUCTS, AND MATERIALS CONTAINED IN OR ACCESSED ON THE NT SITE, INCLUDING, WITHOUT LIMITATION, THE SERVICES AND THE NT CONTENT, ARE PROVIDED TO USER ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. NT DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICES, THE NT SITE, THE NT CONTENT AND RELATED MATERIALS PROVIDED HEREUNDER INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING.
NO ASSIGNMENT. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by USER, but may be so transferred, assigned or delegated by
No Implied Grant. Nothing in this Agreement will grant, or be deemed to grant any right, title or interest in or to the proprietary technology, documentation, tools, software, interface, trade secrets, works of authorship, or other proprietary tools, information or materials protected by intellectual property rights held by NT or our affiliates or licensors.
Construction. This Agreement shall be interpreted and construed in accordance with the laws of the State of New York, without regard to the principles of conflict of laws, and with the same force and effect as if fully executed and to be performed therein.
Jurisdiction. User consents to the personal jurisdiction and venue of the Supreme Court of the State of New York, County of New York, and the United States District Court for the Southern District of New York, and further consent that any process or notice of motion or other application to the Court or a Judge thereof may be served outside the State of New York by registered or certified mail or by personal service, provided a reasonable time for appearance is allowed.