Welcome and thank you for your interest in ChowTime. Chowtime provides websites and mobile applications (the websites, and any products and services provided by ChowTime, collectively referred to as the "Service") that help restaurants perform a variety of management functions. ChowTime allows diners to make online reservations at restaurants through its website located at www.chowtime.com and other affiliated websites.
A. Are an authorized representative of that entity with the authorization to bind such entity to these terms;
B. Have read the foregoing terms;
C. Understand these terms, and
D. Agree to these terms on behalf of such Subscribing Organization.
3. Cloud Service Subscriptions, Free Trials, Billing and Cancellation
A. Cloud Service Subscriptions
i. Ongoing Subscription. Your ChowTime Cloud Service Subscription, which may start with a free trial, will continue month-to-month unless and until you cancel your subscription or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, "Payment Method") to use the ChowTime service. We will bill the monthly subscription fee to your Payment Method. You must cancel your subscription before it renews each month in order to avoid billing of the next month's subscription fees to your Payment Method.
B. Free Trials
i. Your ChowTime subscription may start with a free trial. The free trial period will be specified during sign-up. Free trials may not be combined with any other offers. Free trials are for new and certain former subscribers only. ChowTime reserves the right, in its absolute discretion, to determine your free trial eligibility.
ii. We will begin billing your Payment Method for monthly subscription fees at the end of the free trial period of your subscription unless you cancel prior to the end of the free trial period. The specific details of your subscription, including monthly subscription price and end date of your free trial period can be found on your “Account” tab at secure.chowtime.com. We may authorize your Payment Method through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.
iii. You will not receive a notice from us that your free trial period has ended or that the paying portion of your subscription has begun. CLICK YOUR "ACCOUNT" TAB AT SECURE.CHOWTIME.COM TO FIND CANCELLATION INSTRUCTIONS. We will continue to bill your Payment Method on a monthly basis for your subscription fee until you cancel.
i. Recurring Billing. By starting your ChowTime subscription, you authorize us to charge you a monthly subscription fee at the then current rate, and any other charges you may incur in connection with your use of the ChowTime service to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.
iv. No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our subscribers ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
v. Payment Methods. You may edit your Payment Method information by visiting your “Account” tab at secure.chowtime.com. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
vi. Cancellation. You may cancel your ChowTime subscription at any time, and you will continue to have access to the ChowTime service through the end of your monthly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH SUBSCRIPTION PERIODS. To cancel, go to your “Account” tab at secure.chowtime.com and follow the instructions for cancellation.
4. Accessing the Service. You must be an individual of at least 18 years old to use the Service, and have not previously been removed or suspended from the Service for any reason. By using the Service, you represent that you (i) are 18 years of age or older and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms, and (ii) have not previously been removed or suspended from the Service. Further, by using the Service or by making a reservation on the Service, you agree to abide by and comply fully with these Terms, and you agree and acknowledge that you are accepting the benefit of the Service, subject to these Terms.
In creating an account and/or claiming your business' listing, you represent to us that all information provided to us in such process is true, accurate and correct. If you are creating an account or claiming a listing on behalf of a business, then you represent to us that you are the owner or authorized agent of such business. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, create multiple accounts or business listings except as otherwise authorized by us, or provide or use false information to obtain access to a business' listing on the Service that you are not legally entitled to claim. You acknowledge that any false claiming of a business may cause ChowTime or third parties to incur substantial economic damages and losses for which you may be held accountable.
7. Password. As a registered User, You will have login information, including a username and password. Your account is personal to You, and You may not share Your account information with, or allow access to Your account by, any third party. As You will be responsible for all activity that occurs under Your access credentials, You should preserve the confidentiality of Your username and password. If You have any reason to believe that Your account information has been compromised or that Your account has been accessed by a third party, You agree to immediately notify ChowTime by e-mail to email@example.com. You are solely responsible for Your own losses or losses incurred by ChowTime and others (including other users) due to any unauthorized use of Your account that occur prior to notifying ChowTime that Your account was compromised.
As a Subscribing Organization, You will have login information, including a username and password. Your account is specific to the Subscribing Organization. You will also have the ability to optionally grant to third parties (such as employees and other service providers), limited access to the Service as defined by several roles (such as, “webmaster”, “staff” etc…). The specific privileges granted for each role are defined in the Service. Each role will have a password that you assign for it. As You will be responsible for all activity that occurs under Your own access credentials and any access credentials that You have defined for a role, You should preserve the confidentiality of Your username and all passwords. If You have any reason to believe that Your account information has been compromised or that Your account has been accessed by an unauthorized third party, You agree to immediately notify ChowTime by e-mail to firstname.lastname@example.org. You are solely responsible for Your own losses or losses incurred by ChowTime and others (including other users) due to any unauthorized use of Your account that occur prior to notifying ChowTime that Your account was compromised.
8. Reservation Services. ChowTime provides the Service to Users to enable Users to make online reservations at participating third-party restaurants (“Restaurants”). To make a reservation, you will be required to provide your name, phone number and email address. If you provide your email address, you consent to receive information about your reservation and other communications through the email address You have specified. Any reservation is subject to the availability of the Restaurants for your specified time, date and party, and is not confirmed until a confirmation email has been received. Some Restaurants may require that you provide your credit card to make a reservation, for example, if the reservation is for a large party or for special events. If your credit card is required for your reservation, you will be asked to enter your credit card information during the reservation process.
9. No-Show Policy. In order to maintain the quality of the Services that we offer to all Users, ChowTime requires that you provide at least 30 minutes notice of the cancellation of a reservation made through the Service, which may be performed by contacting the Restaurant directly or by doing so through the Service. In the event that the Restaurant has a separate cancellation policy (for example, for large parties or for special events) and has required that provide a credit card to confirm your reservation, ChowTime will provide you with the Restaurant’s cancellation policy at the time of booking. While ChowTime does not charge for cancellation fees, you will be required to pay any applicable cancellation fees for any cancellation not made in accordance with the terms of the Restaurant’s cancellation policy. If you are unable to make your reservation and fail to cancel within the required time, ChowTime will send you an email notifying you that ChowTime’s records indicate that you were a no-show for that reservation. You may dispute any no-show by contacting us at email@example.com or by contacting us through the Service. Any final determination of a no-show shall be made by ChowTime at its sole discretion. If you fail to provide us or the applicable Restaurant with the required notice to cancel three reservations within a one (1) year period, ChowTime reserves the right, at its sole discretion, to suspend or terminate Your account or block Your use of the Service.
10. Ownership; Proprietary Rights. The Service is owned and operated by ChowTime. The visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of the Service provided by ChowTime ("ChowTime Content") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All ChowTime Content contained in the Service are the copyrighted property of ChowTime or its subsidiaries or affiliated companies and/or third parties. All trademarks, service marks, and trade names are proprietary to ChowTime or its affiliates and/or third parties. 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 ChowTime Content, and nothing herein shall be interpreted to grant you any right or license under any intellectual property rights of ChowTime or any third party.
11. Prohibited Use Of The Service. You agree to honor any reservations made through the Service by arriving to the Restaurant at the time specified in your registration and paying the bill in full. You further agree to not “double book” or make more than one (1) reservation through the Service for any given period of time. Resale or attempted resale of any reservation is a violation of these Terms and is grounds for termination of Your account. Notwithstanding the above, ChowTime reserves any other rights or remedies for any breach under applicable law.
You also agree not to use the Service for any unlawful purpose or in any way that might harm, damage, or disparage any other party. Without limiting the proceeding sentence, you agree that you will not, through the Service, or otherwise, do or attempt to:
A. Undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Service, ChowTime Content, or any other part thereof, except and solely to the extent permitted by law, or otherwise attempt to use or access any of the Service other than as intended;
B. Reproduce, duplicate, copy, sell, trade, resell, distribute or exploit, any part of the Service, use of the Service, access to the Service, or content obtained through the Service (including without limitation ChowTime Content, and Third Party Content (as defined below)), ChowTime any purpose other than for your personal, noncommercial purposes, except and solely to the extent permitted by these Terms;
C. Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Service, features that prevent or restrict the use or copying of any part of the Service, or features that enforce limitations on the use of the Service or any content therein;
D. Bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Service;
E. Use any robot, spider, scraper, or other automated means of any kind to access or scrape the Service, except by bona-fide search engines periodically indexing the Service as part of a process of indexing sites and services available on the internet generally, and in such a case solely in accordance with our Robots.txt file and any other posted guidelines;
F. Frame or otherwise enclose any ChowTime trademark or any portion of the Service in any other site or service for any purpose without our express written permission;
G. Threaten, harass, abuse, slander, defame or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
H. Publish, distribute or disseminate any inappropriate, profane, vulgar, defamatory, infringing, obscene, tortious, indecent, unlawful, offensive, immoral or otherwise objectionable material or information;
I. Create a false identity or impersonate another for the purpose of misleading others as to the identity of the sender or the origin of a message, including, but not limited to, providing misleading information in any reviews or to any feedback or rating system employed through the Service;
J. Transmit or upload any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious software programs;
K. Interfere with or disrupt the Service, networks or servers connected to the Service, or violate the regulations, policies or procedures of such networks or servers;
L. Upload or otherwise transmit any information or content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, whether by posting such material to the Service or otherwise; or
M. Use the Service in any manner whatsoever that could lead to a violation of any federal, state or local laws, rules or regulations, or the rights of any third party.
12. Location and Social Media Services. The Service may currently or in the future offer features designed to help you share information with others, including in whole or in part based on your location or through social networks. These features are strictly offered on an “opt-in” basis and no disclosure of such information will be made without your consent.
A. If you use certain features of the Service enabling you to share information with others using Facebook, Twitter, Google+, or other third party sites (each a “Social Networking Site”), you authorize ChowTime to share that information with the Social Networking Site. If you have any questions on how the Social Networking Site may use your information, please review their policies.
B. ChowTime may customize your experience on the Service based on your location (“Location-based Features”). For example, ChowTime may allow you to automatically be checked in on Foursquare or AroundMe (or other similar services) when you are seated at a Restaurant, permit you to share your location with other users of the Service, or customize our interface to provide you with Restaurants that that are near your current location.
In order to use Location-based Features you must allow the Service access to your localized position, which may be accessed through a variety of means, including, if available, GPS, Internet Protocol (“IP”) Address, cellular tower, and/or other location identifiers now known or later developed. If you choose to disable Location-based Features, you will not be able to utilize certain features of the Service. By authorizing ChowTime to access your location, you agree and acknowledge that (i) any device data we collect from you in connection with the Service is directly relevant to your use of the Service and (ii) ChowTime may provide Location-based Features related to your then-current location for the duration of your browser session. You acknowledge and agree that ChowTime does not guarantee the accuracy of any location information, including your location information or the location information of other users of the Service, and your use of any Location-based Features is at your sole risk.
Material changes to these Terms will be effective upon the earlier of (i) your first use of the Service with actual notice of such change, or (ii) 30 days from posting of such change. Disputes arising under these Terms will be resolved in accordance with the version of the Terms in place at the time the dispute arose. We encourage you to review these Terms frequently to stay informed of the latest modifications.
14. Third Party Content and Links. The Service may contain references or links to third-party materials and services (including, without limitation, links to Restaurant websites) not controlled by ChowTime or its suppliers or licensors. ChowTime provides such information and links as a convenience to you and should not be considered endorsements or recommendations of such sites or any content, products or information offered on such sites. You acknowledge and agree that ChowTime is not responsible for any aspect of the information or content contained in any third party materials or on any third party sites accessible or linked from the Service.
15. Termination (for Diners).
A. By ChowTime. ChowTime, in its sole discretion and for any reason or no reason, may terminate Your account on the Service, disable your access to the Service (or any part thereof), discontinue the Service and any related services, or terminate any license or permission granted to you hereunder, at any time, with or without notice. You agree that ChowTime shall not be liable to you or any third-party for any such termination. In particular, ChowTime reserves the right to suspend or terminate Your account if you are a “no-show” to three or more reservations within a one (1) year period, as set forth in Section 3. Without limiting the generality of the foregoing, ChowTime may terminate Your account in cases of actual or suspected fraud, or violations of these Terms or other laws or regulations, and any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies ChowTime may have at law or in equity.
B. By You. If you are dissatisfied with the Service, then please let us know by e-mailing us at firstname.lastname@example.org. Your only remedy with respect to any dissatisfaction with (i) the Service, (ii) any of these Terms, (iii) any policy or practice of ChowTime in operating the Service, or (iv) any content or information transmitted or made available through the Service, is to terminate your use of the Service. You may terminate your use by closing your account and discontinuing your use of any and all parts of the Service, or by providing ChowTime with notice of termination at email@example.com.
16. Third Party Beneficiaries
Apple Inc., Google Inc. and Research In Motion Limited are now or may become third party beneficiaries to these Terms. They are not obligated to provide any support, service or maintenance in regards to the Application. However, as third party beneficiaries they have the right to enforce these Terms against you.
18. Indemnity. You agree to indemnify and hold harmless ChowTime and its parent, subsidiaries, affiliates or any related companies, licensors and suppliers, and their respective directors, officers, employees, agents, representatives, and contractors, from all damages, injuries, liabilities, costs, fees and expenses (including, but not limited to, legal and accounting fees) arising from or in any way related to (i) your use or misuse of the Service (including your use or misuse of Third Party Content); (ii) your breach or other violation of these Terms including any representations, warranties and covenants herein; (iii) your violation of the rights of any other person or entity. ChowTime reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You may not settle any matter without the prior written consent from ChowTime. ChowTime will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
19. Disclaimers. THE SERVICE (INCLUDING, WITHOUT LIMITATION, THE SERVICE, CHOWTIME CONTENT, OR ANY OTHER PRODUCT, SERVICE OR INFORMATION PROVIDED BY CHOWTIME), THIRD-PARTY CONTENT, AND ANY OTHER SOFTWARE, SERVICES OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE, ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, “WITH ALL FAULTS” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, CHOWTIME HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING, WITH RESPECT TO THE PRODUCTS OR SERVICES PROVIDED BY CHOWTIME.
20. Limitation of Liability. IN NO EVENT WILL CHOWTIME, ITS OFFICERS OR DIRECTORS, OR RESTAURANTS, BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH (I) YOUR VISIT TO A RESTAURANT THROUGH THE SERVICE (II) YOUR USER OF THE SERVICE, CHOWTIME CONTENT, OR THE SERVICE; (III) THE USE OR ACCESS OF OR INABILITY TO USE OR ACCESS THE SERVICE, ANY CONTENT; OR (IV) THE COMPLIANCE OR NON-COMPLIANCE OF A RESTAURANT IN CONJUNCTION WITH THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE, WHETHER BASED IN TORT, CONTRACT OR OTHER LEGAL THEORY, EVEN IF CHOWTIME IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL CHOWTIME, ITS OFFICERS OR DIRECTORS, OR RESTAURANTS BE LIABLE IN THE AGGREGATE FOR ANY DAMAGES INCURRED GREATER THAN FIVE HUNDRED DOLLARS ($500).
21. Limitations; Basis of the Bargain. APPLICABLE LAW MAY NOT ALLOW FOR 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, YOU AGREE THAT BECAUSE SUCH WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND CHOWTIME, AND ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND CHOWTIME, CHOWTIME’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU UNDERSTAND AND AGREE THAT CHOWTIME WOULD NOT BE ABLE TO OFFER THE SERVICE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS WITHOUT THESE LIMITATIONS.
22. Dispute Resolution. We are committed to providing you a means of resolving disputes that arise between you and ChowTime quickly and cost effectively. Accordingly, you and ChowTime agree that we will resolve any claim or dispute that arises out of this Agreement or in connection with your use of the Service (a "Claim") in accordance with one of the subsections below. As in many circumstances we are able to resolve disputes with users amicably, we strongly encourage you to first contact us directly to seek a resolution before escalating to one of the options below. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
A. Law and Forum for Disputes. This Agreement shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against ChowTime must be resolved exclusively by a state or federal court located in San Francisco, California, except as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within San Francisco, California for the purpose of litigating all Claims that arise between you and ChowTime.
B. Arbitration Option. For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000 and not filed on behalf of a putative class, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. The parties shall split any costs and expenses in connection with the Arbitration. In the event a party elects arbitration, the dispute shall be resolved through binding non-appearance-based arbitration through the American Arbitration Association (“AAA”), and in accordance with the AAA’s Commercial Arbitration Rules available online at http://www.adr.org. Notwithstanding the foregoing, AAA and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The parties may apply to any court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary, without breach of this “Arbitration Option” subsection and without any abridgment of the powers of the arbitrators.
C. Improperly Filed Claims. All claims you bring against ChowTime must be resolved in accordance with this Dispute Resolution Section. All claims filed or brought contrary to the Dispute Resolution Section shall be considered improperly filed. Should you file a claim contrary to the Dispute Resolution Section, ChowTime may recover attorneys' fees and costs up to $1000, provided that ChowTime has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
23. Notices. ChowTime may provide you with notices by mail, electronic mail, or postings on the Service. You may provide ChowTime with notices by United States Registered Mail sent to ChowTime, 1015 Rose Avenue Oakland, CA 94611. If notice is provided by electronic mail, notice will be deemed given twenty-four hours after electronic mail is sent, unless ChowTime is notified that the electronic mail address is invalid. If notice is provided by posting through the Service, then notice will be deemed given upon such posting. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Service. In such case, notice will be deemed given three days after the date of mailing.
24. Miscellaneous. This is the entire agreement between you and ChowTime relating to the subject matter herein, and supersedes all previous communications, representations, understandings and agreements, either oral or written, between you and ChowTime with respect to said subject matter. These Terms shall not be modified or waived except in a writing signed by both parties, or by a change to these Terms as provided in the Section 17 (“Modification of the Terms”), above. In the event any of the provisions of these Terms are held unenforceable or invalid by a court of competent jurisdiction, such provisions shall be deemed severed, and the remaining provisions thereof shall remain in full force and effect. The failure of ChowTime to enforce, in any one or more instances, any of the provisions herein shall not be construed as a waiver of the prior or future performance of any such terms or conditions. You agree that no joint venture, partnership, employment, or agency relationship exists between you and ChowTime as a result of these Terms or use of the Service. The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by ChowTime without restriction, including by operation of law, merger, reincorporation, recapitalization, or sale of all or substantially all of the assets to which this agreement pertains. Any assignment attempted to be made in violation of these Terms shall be void. The headings and captions in this Agreement are used for convenience only and are not to be considered in interpreting this Agreement.
The services hereunder are offered by:
1015 Rose Avenue
Oakland, CA 94611
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 electronic mail address and a request for this information.