Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use any of our services. If these terms and conditions are considered an offer by TableAgent, acceptance is expressly limited to these terms.
Our Services are not directed to children younger than 13, and access and use of our Services is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older.
Use of our Services requires a TableAgent.com account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.
Optional paid services and Subscriptions such as SMS Texting, Offline and Private Accounts, Payment Gateway, or gift certificate sales are available (any such services, a “Subscription Service”). By selecting a Subscription Service you agree to pay TableAgent the monthly, quarterly, or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for a Subscription Service and will cover the use of that service for a monthly, quarterly, or annual subscription period as indicated.
Unless you notify TableAgent before the end of the applicable subscription period that you want to cancel a Subscription Service, your Subscription Service will automatically renew and you authorize us to collect the then-applicable annual, quarterly, or monthly subscription fee for such Subscription Service (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Subscription Service can be canceled at any time in the Billing section of your restaurant account dashboard.
The Subscription Term will end on the expiration date. We do not provide refunds if you decide to stop using the chosen subscription during your Subscription Term.
We will provide you with notice of non-payment of any amount due. Unless the full amount has been paid, we may suspend your access to any or all of the Subscription Services three (3) days after such notice. We will not suspend the Subscription Service while you are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute. If a Subscription Service is suspended for non-payment, we may charge a re-activation fee to reinstate the Subscription Service.
Either party may terminate this Agreement for cause, as to any or all Subscription Services: (i) upon thirty (30) days’ notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or (ii) immediately, if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, cessation of business, liquidation or assignment for the benefit of creditors. We may also terminate this Agreement for cause on thirty (30) days’ notice if we determine that you are acting, or have acted, in a way that has or may negatively reflect on or affect us, our prospects, or our customers. This Agreement may not otherwise be terminated prior to the end of the Subscription Term.
We may suspend, limit, or terminate the Free Services for any reason at any time without notice. We may terminate your subscription to the Free Services due to your inactivity or excessive use of system resources.
An Acceptable Use Policy (AUP) is a set of rules and conditions compiled by a network, system or a website owner. These rules explicitly define and restrict the ways in which the respective service, system or website may be used. We, at our own discretion, shall determine whether an act constitutes a breach of this AUP terms and misuse of our services. We reserve our right to be the sole arbiter in determining the sufficiency of the presented evidences.
In order to ensure higher cloud service performance and quality of service, all free and paid service plans are subject to certain resource limitations concerning, but not limited to, dashboard and website usage, SMS texting usage, disk-space and web traffic. If any account is found to be causing degradation of the server and/or our network’s performance, regardless of the reason, the account will be subject to suspension or immediate removal, depending on the situation. TableAgent.com will be the sole arbiter in determining whether a given account is excessively using the server and system resources and/or causing a service degradation.
TableAgent has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, TableAgent does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. TableAgent disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which TableAgent.com links, and that link to TableAgent.com. TableAgent does not have any control over those non-TableAgent.com websites, and is not responsible for their contents or their use. By linking to a non-TableAgent.com website, TableAgent does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. TableAgent disclaims any responsibility for any harm resulting from your use of non-TableAgent.com websites and webpages.
As TableAgent asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by TableAgent.com violates your copyright, you are encouraged to notify TableAgent in accordance with TableAgent’s Digital Millennium Copyright Act (“DMCA”) Policy. TableAgent will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. TableAgent will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of TableAgent or others. In the case of such termination, TableAgent will have no obligation to provide a refund of any amounts previously paid to TableAgent.
This Agreement does not transfer from TableAgent to you any TableAgent or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with TableAgent. TableAgent, TableAgent Inc., TableAgent.com, the TableAgent.com logo, and all other trademarks, service marks, graphics and logos used in connection with TableAgent.com or our Services, are trademarks or registered trademarks of TableAgent or TableAgent’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any TableAgent or third-party trademarks.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our websites, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
Our Services are provided “as is.” TableAgent and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither TableAgent nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
In no event will TableAgent, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for:
(i) any special, incidental or consequential damages;
(ii) the cost of procurement for substitute products or services;
(iii) for interruption of use or loss or corruption of data; or
(iv) for any amounts that exceed the fees paid by you to TableAgent under this agreement during the twelve (12) month period prior to the cause of action. TableAgent shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and TableAgent reserve the right to terminate accounts or access of those in the event of a breach of this condition.
You agree to indemnify and hold harmless TableAgent, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.
These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
This Agreement constitutes the entire agreement between TableAgent and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of TableAgent, or by the posting by TableAgent of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of Delaware, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Delaware. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Delaware, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; TableAgent may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
The materials appearing on TableAgent.com website could include technical, typographical, or photographic errors. TableAgent.com does not warrant that any of the materials on its website are accurate, complete, or current. TableAgent.com may make changes to the materials contained on its website at any time without notice. TableAgent.com does not, however, make any commitment to update the materials.
If you are a paying subscriber to the Service, to the extent that TableAgent processes any Personal Information (as defined in the DPA) contained in User Content that is subject to the GDPR (as defined in the DPA), on your behalf, in the provision of the Service, which are hereby incorporated by reference, shall apply and the parties agree to comply with such terms. For the purposes of the Standard Contractual Clauses attached to the DPA, when you are the data exporter, your agreeing to these Terms of Service shall be treated as signing of the DPA, including, without limitation, the Standard Contractual Clauses and their Appendices.
This document was last updated on March 18, 2019
If you have any questions about this Terms of Service, the practices of this site, or your dealings with this site, please contact us at: