YOUR AGREEMENT WITH MUNCHTIME LLC,
THESE TERMS FORM A BINDING CONTRACT THAT INCLUDES A BINDING ARBITRATION PROVISION, CLASS ACTION WAIVER, AND LIMITATIONS OF LIABILITY. THEY AFFECT YOUR LEGAL RIGHTS AS DETAILED IN THE DISPUTES AND LIMITATION OF LIABILITY SECTIONS BELOW. PLEASE READ CAREFULLY.
The terms “Munchtime”, “we”, “us”, and “our” refer to Munchtime LLC, a Delaware LLC, and its subsidiaries and affiliates. The terms “User,” “you,” or “your” will apply to the party using the Service for themselves or booking for others.
The terms “Website”, “mobile application”, and “app” refer to Munchtime LLC, a Delaware LLC, and its subsidiaries and affiliates.
The services and the information that we offer through the Website, mobile application, by telephone and otherwise (“Services”) are provided to assist customers in researching and booking dining reservations or other redeeming third-party related services (“Incentives”) with us or 3rd party reservation suppliers and other vendors.
You represent and warrant that (i) you are at least 18 years of age; (ii) you possess the legal authority to create a binding legal obligation; (iii) you will use the Services in accordance with the Terms; (iv) you will only use the Services to make legitimate reservations for you, another member of your dining party, or another person for whom you are legally authorized to act; (v) you will inform such other person(s) that these Terms apply to their reservations; (vi) all information that you provide or that is provided on your behalf via the Services is accurate and complete; (vii) you will comply with all applicable laws, rules and regulations relating to your use of the Services; (viii) you will comply with any relevant third party terms and conditions relating to reservations booked through us and any incentive offers or rewards; and (ix) if you have an online account, you will safeguard your account information and will be responsible for any use of your account by you and anyone other than you.
By reserving through Munchtime for one or more Users besides yourself, you: (1) represent that you have supplied all other Users with a copy of these Terms; (2) you represent that you have full authority to accept these Terms on behalf of all the persons whose names appear on the booking, including for Users who are not of legal age to agree to these Terms; (3) you agree to be responsible for any error in the accuracy of information they provide us regarding those Users.
Munchtime may provide partner offers including co-branded rewards programs or Services with other companies (each a “Partner”). Partner offers are subject to these Terms, as well as any additional terms and conditions of such Partner. Please refer to Partner’s website to view applicable terms and conditions.
We may accept credit card payments from Visa, Mastercard, American Express, and other credit or debit cards that we identify from time to time.
We retain the right at our sole discretion to deny access to anyone to the Services, at any time and for any reason.
The Services offered by Munchtime are available, except where prohibited by law, by residents of the United States while in the United States, its territories and possessions, who have all the requisite power and authority to agree to the Terms.
These Terms may be amended or modified by us at any time without notice, so it is important that you review them regularly (the date at the beginning of this document will denote when the last update was made). Any modifications or amendments to the Section below entitled “Disputes” will be made in accordance with the process set forth in that Section.
The terms used in these Terms encompass booking or booking-related products offered via the Service. “Supplier” refers to any supplier, vendor or other provider of the User or the Services offered in an Munchtime reservation. “Invitation” refers to the particular reservation plan for a specific trip, including schedule, number of dinner guests, topics of interest, food preferences, physical location and date. All bookings on Munchtime are also subject to the terms and conditions of the Suppliers. By placing a reservation with Munchtime, you agree to abide by all the terms and conditions of the applicable Supplier. Please refer to Supplier’s website to view Supplier’s terms and conditions (and contact the relevant Supplier to learn if additional Supplier terms and conditions apply). If the Supplier’s terms and conditions conflict with these Terms, these Terms apply with respect to your and the other Users’ relationship with Munchtime.
We act only as a sales agent for the Suppliers named in your invitation. Therefore, we are not responsible for the acts, errors, omissions, representations, warranties, breaches or negligence of the Suppliers, their failure to provide services or adhere to their own schedules, or for any personal injuries (including death), property damage, or other damages or expenses resulting therefrom. We neither guarantee nor insure the service to be provided by any Supplier and assume no liability for actions beyond our own control in connection with the service to be provided. We assume no responsibility for and will not be liable for any acts, errors, omissions, representations, warranties, breaches or negligence on the part of any other party not under our control.
Munchtime is not responsible for losses due to cancelled reservations or changed invitations. Restaurants retain the right to adjust times and schedules at any time. If a restaurant cancels or delays a booking, you should work with the restaurant to ensure you arrive at your cancelled or delayed booking, or other booking irregularities. Restaurants may be overbooked. Munchtime will not provide any refund for Services missed due to missed, person denied entry may be entitled to receive from the restaurant a compensatory payment or other benefits, depending on the establishment's policies and applicable law.
After a reservation has been confirmed, changes or cancellations to that reservation may be subject to change, rebooking and/or cancellation fees and/or changes in fares from the applicable Suppliers per the terms of your reservation. Changes are subject to availability and could alter the ability to place the reservation facilitated by Munchtime.
Munchtime will use reasonable efforts to reissue reservations, where applicable, to the users who have made the relevant reservation, following cancellations, changes or modifications made by the User if the restaurant other vendor permits a refund as specified in their terms and conditions. In the event a cancellation, change or modification is permitted, you understand that the likelihood of the entire reservation facilitated by Munchtime may be altered, in addition to the Supplier’s change, rebooking or cancellation fee for the altered portion of the reservation. Otherwise, Munchtime reservations once processed are non-changeable, and no recourse will be provided for cancelled, changed, modified, or unused reservations or Services, regardless of the reason given for said cancellation, change or modification, unless explicitly stated at the time of your reservation.
Please check the Supplier’s specific terms and conditions. Some Suppliers have minimum age requirements. Name changes or adjustments are not allowed once booked. Restaurants and other Suppliers may change their policies without notice, and therefore our ability to facilitate certain bookings is subject to change without notice until booked.
Munchtime may offer promotions or other discounts (“Promotions”) for the booking of Reservations. Promotions vary and may have a minimum purchase requirement. The use of any Promotions are subject to any applicable limitations and additional terms and conditions included at the time of such offer. User may have a choice after completing a booking to receive credits (“Credits”) for then-available incentives, Gift Cards or access to promotional offers. Incentive offers, Gift Cards, and promotional offers may be updated by Munchtime at any time. The Credits may not be redeemable until after the Reservation has been completed. Credits will be deposited into a virtual account with Munchtime, unless otherwise detailed in your offer, which you can access on the Mobile App. If you are eligible for a Gift Card, you can redeem Credits for Gift Cards from a selection of Munchtime's participating retailers. Following redemption, we will email a “virtual gift card” (consisting of a redemption code number) or physical card to you, as specified at the time of redemption. All Gift Cards and incentive offers are subject to the Gift Card supplier’s terms and conditions of redemption and usage.
The value of any Gift Cards or other incentive offers may constitute taxable income to you. Please consult your tax advisor, as we do not provide tax advice. Munchtime reserves the right to require any User to use Credits as permitted above on no less than thirty (30) days’ written notice in writing to the User. If the User does not use Credits by the date specified in such notice, Munchtime reserves the right to issue the User a Gift Card from an issuer of its discretion for a face value equal to the amount of such Credits.
We reserve the right to suspend or terminate any Promotion or a user’s ability to participate in the Promotion for any time in our sole discretion, including if we notice any activity that we believe is abusive or fraudulent.
We may provide recommendations to Users on other similar comparative restaurants (“Recommendations”) of components of Bookings offered on the Service. Recommendations represent prevailing locations offered by sources that Munchtime believes to be reliable, at the time they are displayed, for the same or comparable dining reservation. Because certain availability are constantly changing, the Recommendations displayed on our Mobile App may be different than locations that might be available to you. Recommendations do not reflect locations that are not available to the general public, such as those for corporate customers, military personnel, students, children, senior citizens, and members of organizations such as AAA and AARP, wholesaler fares, groups, and travel purchased through “reward” programs.
We offer a variety of options to help you find the right restaurant. Our built in algorithms allow Users to define search criteria such as location and price. If no options are selected, we determine search results in the order of relevance to your search criteria as follows:
Munchtime expressly reserves the right to correct any booking errors on the Website and/or reservations made under an incorrect listing. In such event, if available, we will offer you the opportunity to keep your reservation at the intended location or we will cancel your reservation without penalty.
The content and information on the Services, as well as the infrastructure used to provide such content and information, is proprietary to Munchtime and our Suppliers, Partners and providers. While you may make limited personal copies of your Itinerary for Travel or service reservations booked through the Services, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products or services obtained from or through the Services. Additionally, you agree not to:
(i) use the Services or their contents for any commercial purpose; (ii) use the Services in a manner that violates any travel or similar policy related to your employment; (iii) make any speculative, false, or fraudulent reservation; (iv) access, monitor or copy any content or information of the Services using any robot, spider, scraper or other automated means or any manual process; (v) violate the restrictions in any robot exclusion headers on the Services or bypass or circumvent other measures employed to prevent or limit access to the Services; (vi) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; (vii) deep-link to any portion of the Services for any purpose without our express written permission; (viii) use a Service to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights, or (ix) “frame”, “mirror” or otherwise incorporate any part of the Services into any other website, mobile application, product or service without our prior written authorization.
If we or a Supplier or Partner believe your booking or account shows signs of fraud, abuse or suspicious activity or non-compliance with the Terms, we may cancel any Reservation or service reservations associated with your name, email address or account, remove or cancel any Gift Cards or incentive offer associated with such Reservations or service reservations, and close any associated accounts. We also reserve the right to take any necessary legal action. To contest the cancellation of a booking or freezing or closure of an account, please contact our customer service department.
MUNCHTIME AND ITS RESPECTIVE SUPPLIERS AND PARTNERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES CONTAINED ON THE SERVICES FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THE SERVICES DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY MUNCHTIME OR ITS PARTNERS. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND. MUNCHTIME AND ITS RESPECTIVE SUPPLIERS AND PARTNERS DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THE SERVICES, ITS SERVERS OR ANY EMAIL SENT FROM MUNCHTIME AND ITS RESPECTIVE SUPPLIERS AND PARTNERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MUNCHTIME AND ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS AND SERVICES, WHETHER EXPRESS OR IMPLIED.
MUNCHTIME AND ITS PARTNERS RETAIN NO OWNERSHIP INTEREST, MANAGEMENT, OR CONTROL OF THE SUPPLIERS. TO THE FULLEST EXTENT PERMITTED BY LAW, MUNCHTIME AND ITS PARTNERS DO NOT ASSUME LIABILITY FOR ANY INJURY, DAMAGE, DEATH, LOSS, ACCIDENT OR DELAY DUE TO AN ACT OR OMISSION OF ANY THIRD PARTIES, GOVERNMENTAL AUTHORITY, OR ACTS ATTRIBUTABLE TO YOU EVEN IF WE HAVE BEEN ADVISED THAT SUCH DAMAGES WERE POSSIBLE OR PROBABLE.
THE LIMITATION OF LIABILITY IS AN ESSENTIAL CONDITION OF PROVIDING THE SERVICES AND REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS INURE TO THE BENEFIT OF MUNCHTIME AND ITS RESPECTIVE SUPPLIERS AND PARTNERS.
MUNCHTIME AND ITS RESPECTIVE SUPPLIERS AND PARTNERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES CONTAINED ON THE SERVICES FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THE SERVICES DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY MUNCHITME OR ITS PARTNERS. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND. MUNCHTIME AND ITS RESPECTIVE SUPPLIERS AND PARTNERS DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THE SERVICES, ITS SERVERS OR ANY EMAIL SENT FROM MUNCHTIME AND ITS RESPECTIVE SUPPLIERS AND PARTNERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MUNCHTIME AND ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS AND SERVICES, WHETHER EXPRESS OR IMPLIED.
Applicable law in your jurisdiction may not allow the exclusion of implied warranties, so the above exclusions may not apply to you to the extent so prohibited. The above exclusions are applicable in all states where allowed, including within the State of New Jersey.
Munchtime and its respective Suppliers and Partners make no guarantees about the availability of specific products and services.
You agree to defend, indemnify and hold harmless Munchtime and its respective Suppliers and Partners, and any of its or their respective officers, directors, employees and agents, from and against any and all third party claims, causes of action, demands, and associated recoveries, losses, damages, fines, expenses (including reasonable legal and other professional fees), penalties or other costs or expenses of any kind or nature, arising out of or resulting from: (a) your breach of these Terms or the documents referenced herein; (b) your violation of any law or the rights of a third party; or (c) your use of the Services with Munchtime.
Any Claim between Munchtime and you arising under these Terms or in connection with your use of the Services, other than Claims regarding patents, copyrights, moral rights, trademarks and claims of piracy or unauthorized use of the Services, if unresolved through informal discussions, will be resolved by binding arbitration to be held in New York, NY. For residents outside of the United States, you agree that arbitration will be initiated in New York, NY. This includes any Claims you assert against us, our subsidiaries, Suppliers, Partners, and credit card processors (which are beneficiaries of this arbitration clause). To the extent allowed by applicable law, you agree that you will bring any Claim within two (2) years from the date on which such Claim or action arose or accrued or it will be irrevocably waived. This provision is applicable in all states to the extent allowed by applicable law, and specifically is applicable within the State of New Jersey.
Arbitrations will be conducted by a single arbitrator, governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (AAA), as modified by these Terms. The AAA’s rules are available at www.adr.org.
If you seek less than $10,000 for your Claims, we will reimburse you for AAA filing fees and will pay arbitrator’s fees, unless the arbitrator determines your Claims are frivolous. If your claim is solely for monetary relief of $10,000 or less, and does not include a request for any type of equitable remedy, you may choose to have an arbitration conducted by telephone, based on written submissions.
You and Munchtime understand that, absent this mandatory provision, each would have the right to sue in court and have a jury trial. In some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
The arbitrator, and not any federal, state or local court or agency, will have exclusive authority to resolve all Claims, whether sounding in contract, tort, or otherwise and all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including any claim that all or any part of these Terms are void or voidable and whether a claim is subject to arbitration. The arbitrator will be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award will be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
You and we agree that if we make any change to this Section (other than a change to any notice address or website link provided herein) in the future, Munchtime will provide you with 30 days’ notice of such change before it is effective, and the change will apply prospectively only to any claims arising after the 30th day.
You have the right to opt-out and not be bound by these arbitration provisions by sending written notice of your decision to opt-out to email@example.com. The notice must be sent within the later of 30 days of your first use of the Services or within 30 days of changes to this section being announced on the Websites, otherwise you will be bound to arbitrate any Claims. If you opt-out of these arbitration provisions, Munchtime also will not be bound by them. If you do not affirmatively elect to opt-out as described above, your use of the Services will be deemed to be your irrevocable acceptance of these Terms, including any changes.
If a Claim is brought that is found by a court to be excluded from the scope of these arbitration provisions, Munchtime and you agree to waive any trial by jury and to submit to the personal jurisdiction of the federal and state courts located in New York, NY with respect to any legal proceedings that may arise in connection with this provision.
Munchtime and you agree that Munchtime and you will resolve any Claims on an individual basis, and that any Claims brought under these Terms in connection with the Services will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. Munchtime and you further agree that Munchtime and you shall not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising under these Terms or in connection with the Services.
If any court or arbitrator determines that the class action waiver set forth in this section is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the Claims will not be subject to arbitration and must be litigated in federal court located in New York, NY.
Munchtime will not be responsible for failure to perform any of its obligations under these Terms during any period in which such performance is prevented or delayed due to Force Majeure. “Force Majeure” refers to any event beyond Munchtime's reasonable control, including severe weather, fire, flood, earthquakes, war, labor disputes, World Health Organization’s advisories or alerts, Center for Disease Control’s advisories and alerts, U.S. State Department’s advisories and alerts, any order of any local, provincial or federal government authority, interruption of power Services, terrorism or any other causes beyond the control of Munchtime.
If you chose to participate in any Munchtime alert or promotion that includes the use of text messaging (either sending or receiving), Munchtime will not charge you for the text messaging; however, standard message and data rates may apply according to your wireless rate plan. Contact your carrier for pricing plans and details.
Munchtime endeavors to illustrate the Services it offers using photographs or illustrations. Photographs and illustrations appearing in descriptions are for illustrative purposes only: they depict only an approximation of the type or standard of such Services, and are not contractual nor are they to be construed as guarantees of the conditions of the Services you will receive. The images of the Services on the Website and on other marketing materials are generally drawn from the individual Supplier websites. Munchtime does not guarantee the accuracy of, and disclaims all liability for any errors or other inaccuracies relating to the information and description of the Services displayed on the Website.
The Services may contain hyperlinks to websites operated by parties other than Munchtime. We do not control such websites and are not responsible for their contents or privacy or other practices. It is up to you to take precautions to ensure that whatever links you select or software you download is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
Any software that we make available to download from the Services (“Software”) or through your mobile application store is the copyrighted work of Munchtime or our respective Suppliers or Partners. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on or in connection with the Services not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, non-exclusive, nontransferable license to download, install and use the Software for viewing and otherwise using the Services or accessing the content and information available thereon (including price and availability of Travel services) in accordance with these Terms and for no other purpose.
Please note that all Software, including all HTML/XML code and Active X controls contained on the Services, is owned by Munchtime, or our respective Suppliers or Partners, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties.
COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
We appreciate hearing from you. We may offer the ability to post reviews, comments and other items to the Website. You acknowledge and agree that Submissions are non-confidential and non-proprietary. By submitting content by electronic mail, postings on the Services or otherwise, including any reviews, photos, videos, questions, or comments (collectively, “Submissions”), you grant Munchtime and its respective Suppliers and Partners, a worldwide, nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to: (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission. You expressly waive all “moral rights” that may subsist in your Submissions. You also acknowledge that we may choose to provide attribution of your comments or reviews at our discretion. We have no obligation to post your comments. If would like to remove your name from appearing in a Submission, please contact firstname.lastname@example.org. If you do not agree to these Terms, please do not provide us with any Submissions.
You are fully responsible for the content of your Submissions. You are prohibited from posting or transmitting to or from the Services: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity or privacy, copyright, trademark, patent or any other law; (ii) any commercial material or content; (iii) any material or content that contains a virus, bug or other harmful item. You will be solely liable for any damages resulting from any violation of these restrictions and any other harm resulting from your posting of content to the Services.
We may offer customers incentives to leave reviews (e.g. discount coupon/entry into prize drawings, etc.). It is important to us that reviews are impartial and honest, so we make these incentives available to customers regardless of whether the review is positive or negative. If you receive an incentive for such reviews, you must acknowledge that incentive in your review, as required by law including through the Federal Trade Commission’s Endorsement Guides.
All photos must be relevant to accommodation, restaurant, location, or general travel experiences and be your own photos.
In addition to the prohibitions stated above for comments or other submissions, the photo must not: 1) include photos or information about children or any third parties without their express consent (or their parent’s consent in the case of a child under 13 years of age) for the display of their image by us or our Suppliers, Partners or other third parties; 2) be from any other source or infringe the copyright, trademark, or other property right of any third party; 3) include logos, branding, promotional material, or any other content intended for commercial purposes; or 4) contain viruses or other harmful code that is either intended or may result in damage to the computers and systems of Munchtime and our users.
We claim no ownership, affiliation with, or endorsement of any photos that are submitted by end users through our sites.
Unless otherwise indicated by us, the Services and all content and other materials therein, including “Munchtime®”, all logos, designs, text, graphics, pictures, information, data, software, files and the selection and arrangement thereof (collectively, “Content”) are the proprietary intellectual property of Munchtime, Inc. or its affiliates, and are protected by U.S. and international copyright, trademark and other intellectual property laws. Other logos and product and company names mentioned herein may be the trademarks of their respective owners. We are not responsible for content on websites operated by other parties.
If you are aware of an infringement of our brand, please let us know by emailing us at email@example.com.
You are hereby granted a limited, nonexclusive, non-sublicensable right to access and use the Services and Content; however, such right is subject to these Terms and Conditions and does not include (a) any resale or commercial use of the Services or the Content therein; (b) the collection and use of any product or service listings, pictures or descriptions; (c) the distribution, public performance or public display of any Content; (d) modifying or otherwise making any derivative uses of the Services or the Content, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Services, the Content or any information contained therein, except as expressly permitted on the Services; or (g) any use of the Services or the Content other than for their intended purposes. Any use of the Services or the Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the rights granted herein. These Terms and Conditions will not be construed as conferring any license to intellectual property rights.
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, we will terminate the account of users we deem to be infringers. We may also, in our sole discretion, limit access to the Services or terminate the accounts of any users who infringe any intellectual property rights of others. If you believe that an account holder or subscriber is an infringer, please provide information sufficient for us to verify that the account holder or subscriber is an infringer when filing your notice. If you believe that anything on the Services infringes any copyright which you own or control, you may file a notification of infringement with our designated agent as set forth below: Munchtime, LLC 3607 Grassmere Rd, Naperville IL 60567 Attn: Munchtime Legal Department, DMCA Complaints. Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should also note that if you knowingly make any material misrepresentation in your notification, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our reliance upon such misrepresentation. Notices and counter-notices with respect to the Services should be sent to us by email at firstname.lastname@example.org for the fastest resolution. You may also send us your notice using the contact information above.
We will review and address all notices that comply with the requirements above. If we remove or disable access in response to such a notice, we may notify the owner or administrator of the affected site or content so that he or she can make a counter notification.
We suggest that you seek legal counsel before filing a notice. Any misrepresentations in your notice regarding whether content or activity is infringing may expose you to liability for damages (including costs and attorneys’ fees).
One or more patents owned by Munchtime may apply to the Services and to the features and services accessible via the Services. Portions of the Services operate under license of one or more patents. Other patents are pending.
You may not assign its rights or obligations hereunder without our prior written consent.
If any provision, or portion of a provision in these Terms is deemed unlawful, void or unenforceable, then it will be modified to become valid and enforceable in a manner that comes closest to expressing the intention of the original provision. Any determination that a provision is unlawful, void or unenforceable will not affect the validity and enforceability of any remaining provisions in these Terms.
Any provision of these Terms that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms.
These Terms constitute the entire understanding and agreement of the parties with respect to the subject matter covered by them, and supersede all prior and contemporaneous understandings and agreements, whether written or oral. No terms contained on any proposal, acknowledgment, or other document will be effective with respect to affecting the terms hereof. No delay or failure by either party to exercise or enforce at any time any right or provision hereof will be considered a waiver of such party’s rights thereafter to exercise or enforce each and every right and provision hereof.
You agree that no joint venture, partnership, or employment relationship exists between you and Munchtime as a result of these Terms or use of the Services.
This agreement applies to any Munchtime Partners and their respective subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of the Terms, each Partner will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary thereof. There are no other third-party beneficiaries of the Terms.
Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of the Services or the information provided to or gathered by us with respect to such use.
Fictitious names of companies, products, people, characters, or data mentioned on the Services are not intended to represent any real individual, company, product, or event.
Any rights not expressly granted herein are reserved.
Notices will be given in writing as follows:
If to Munchtime: Munchtime, LLC 3607 Grassmere Rd, Naperville IL 60567 , ATTN: Munchtime Legal Department. Notice may also be sent via email (followed by notice as provided above) to: email@example.com
If to User: to the email or physical address provided for User during the registration or reservationbooking process.
Notice will be deemed given: if sent by electronic mail, upon confirmation of receipt provided subsequent certified mail notice is provided as specified above; or if sent by certified, registered pre-paid mail or by UPS or FedEx overnight service, three (3) days after the date of mailing.
For quick answers to your questions or ways to contact us, visit our Customer Service at www.Munchtime.co, email us at firstname.lastname@example.org.
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