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Privacy

This User Agreement (the “Agreement”) and the policies referred to herein contain the terms and conditions on which 502maps.com (“502maps.com”, “we” or “us”) offers you (the “User” or “you”), access to its website www.502maps.com ( the “Site”) and 502maps.com’ services (the “Services”). Among other things, this Agreement describes the User’s responsibilities and limits 502maps.com’ liability. This Agreement also incorporates by reference all terms, conditions and program descriptions described elsewhere on the Site. Before using any of the Services, please read all of this Agreement and the Site carefully. In the event of any conflict between this Agreement and any other provisions set forth in the Site, the terms of this Agreement will control.

By using the Services, you state your agreement to be legally bound and to abide by the following terms and conditions. If you do not agree to these terms and conditions, you must not use the Site or the Services.

502maps.com reserves the right, in its sole discretion, to amend this Agreement at any time upon posting notice of the amended terms on the Site, or upon providing notice thereof by electronic or conventional mail or any other reasonable means. The amended terms shall automatically be effective. The User’s continued use of the Site and the Services following 502maps.com posting of any changes will constitute the User’s acceptance of such changes. This Agreement may not be otherwise amended except in a writing signed by both parties. This Agreement, in its current form, was posted on the date at the top of the form.

  1. TERMS OF SERVICE

(a) 502maps.com’ Services are available only to United States residents who can form legally binding contracts. For example, 502maps.com’ services are not available to persons under the age of 18. If you do not qualify, please do not use 502maps.com’ services. By using 502maps.com’ services, you are representing that you are a U.S. resident and can form legally binding contracts. 502maps.com may refuse or discontinue its Services to anyone at any time, in its sole discretion.

(b) To use the 502maps.com Site and Services, you must truthfully provide all of the required information requested on the Site, including your real name, phone number and e-mail address. When making reservations, your name and phone number will be provided to the restaurant. You may receive confirmation, cancellation, reminder and thank you emails associated with your reservation. Your email will not be given to any third party.

(c) You are authorized to use the Site and Services solely for your own use, and you agree not to act on behalf of a third party or to allow a third party to have access to your password in order to use the Site or Services.

  1. FEES AND SERVICES

 

 

ORDERING AND PAYMENT

When you place an order through the 502maps Services, you will be given a choice of payment options, which may include via credit card, PayPal®, and PayHub. If you pay for your purchase via credit card or PayPal, we will ask for a valid credit card or PayPal account, as applicable, which will be billed through the 502maps Services, for the purchase price of the applicable order, and “502maps” will be the name that appears on the credit card or PayPal statement, as applicable. As stated above, however, 502maps, including the Website and the 502maps Services, is not and shall not in any manner be considered the seller of any of the food, beverages, and services ordered.

REFUND POLICY

 

502maps takes customer satisfaction very seriously. If you have any problems with your order, we ask that you contact the Restaurant directly, but, if you have not been able to resolve your issue with the Restaurant to your satisfaction, please contact 502maps support@502maps.com and we will try to assist you. In appropriate cases, if you have already been billed by 502maps, 502maps may issue full or partial refunds, or “Cash Coupons”

 

Joining and making reservations or purchases through 502maps.com is free. You are responsible for paying all fees associated with your reservation or ordering through our service and the Site, and all applicable taxes.

  1. 502maps’ SERVICES

(a) The Services. 502maps.com is an online Service that enables consumers to view restaurant information and menus, make reservations, and eventually order food over the internet with restaurants. Services enabling consumers to make reservation requests are referred to as the “Reservation” Services.

(b) 502maps.com is a Venue. The Site operates as a venue for providing Reservation. Accordingly, 502maps.com has no control over the quality or safety of the restaurant products or services that are being offered or obtained through the Site or the truth or accuracy of the product or service descriptions. Please note that sometimes restaurants do not honor reservations they have accepted in a timely fashion, or at all.

(c) Identity Verification. We use many techniques to verify the accuracy of the information our users provide us when they register on the Site. However, because user verification on the Internet is difficult, 502maps.com cannot and does not confirm each user’s purported identity.

(d) Release. Because we are a venue, in the event that you have a dispute with one or more sellers, you release 502maps.com (and our owners, officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

(e) Information Control. We do not control the information provided by other users or sellers that is made available through our system. You may find other user’s information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. By using this Site, you agree to accept such risks and 502maps.com is not responsible for the acts or omissions of users on the Site.

  1. FRAUD

Without limiting any other remedies, 502maps.com may suspend or terminate your account if we in our sole discretion suspect that you (by conviction, settlement, insurance or investigation, or otherwise) have engaged in fraudulent activity in connection with the Site or any other practices that are offensive, harmful, inaccurate or deceptive.

  1. PRIVACY

502maps.com is committed to protecting your privacy. 502maps.com will not provide any information regarding your User profile or your transaction history to any third party without your consent (with the exception of providing your name, email address, and contact phone number to restaurants where you used the Services). 502maps.com may change this Privacy Policy in the future. You should check the Privacy Policy regularly for changes. Please click here to read our Privacy Policy.

  1. YOUR INFORMATION

(a) Definition. “Your Information” is defined as any information you provide to us in the registration process, in any public message area (i.e., the feedback area) or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.

(2) Restricted Activities. Your Information (or any items listed) and your activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent (c) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, shall be posted only in the Mature Audiences section and shall be distributed only to people legally permitted to receive such content; (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers

(3) License. To enable 502maps.com to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. 502maps.com will only use Your Information in accordance with our Privacy Policy.

  1. REPRESENTATIONS OF USER

You represent that you:

(a) understand and will abide by the terms of this Agreement;

(b) have adequate funds available under the valid, unexpired credit issued to you branded with the MasterCard, VISA or American Express logo to cover purchases

(c) will not engage in any fraudulent, speculative, deceptive or manipulative act or practice, including using the Reservation Services in bad faith or otherwise misuse the Site or Services in any manner;

(d) will maintain the confidentiality of your user name and password;

(e) understand and agree that 502maps.com has not inspected, verified and has no control over the quality or safety of the restaurant products and services available through this Site, and that 502maps.com does not control and does not know whether the restaurant has truthfully and accurately described the products and services or that such products and services meet the criteria of the Reservation Services.

(g) recognize that any errors contained in information provided by the User when requesting Reservation Services are solely the responsibility of the User and such errors do not excuse the User’s obligation to consummate a transaction on the terms stated in the Reservation Services.

  1. BREACH

Without limiting other remedies, we may limit your activity, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership, refuse to provide our services to you or take such other action we deem reasonable in our sole discretion if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.

  1. EXCLUSION OF VARIOUS WARRANTIES

502maps’ SITE AND SERVICES AND ALL PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. 502maps MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:

(a) 502maps MAKES NO WARRANTIES, AND EXPRESSLY DISCLAIMS, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT;

(b) 502maps MAKES NO WARRANTIES THAT ITS SITE OR SERVICES, OR THE PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITE, WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OPERATE WITHOUT ERROR OR BE FREE OF SOFTWARE ERRORS OR COMPUTER VIRUSES. NOR DOES 502maps MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICE;

(c) 502maps DOES NOT WARRANT THAT THE PRODUCTS, SERVICES, DESCRIPTIONS, INFORMATION OR MATERIAL INCLUDED ON THE SITE WILL BE AS REPRESENTED BY RESTAURANT PARTNERS OR OTHER THIRD-PARTY PROVIDERS, WILL BE FREE OF DEFECTS OR LAWFUL TO SELL, OR WILL BE SATISFACTORY TO YOU, OR THAT RESTAURANT PARTNERS OR THIRD-PARTY PROVIDERS WILL PERFORM AS PROMISED;

(d) 502maps EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND

(e) 502maps EXPRESSLY DISCLAIMS ANY OBLIGATION, LIABILITY OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM ANY NEGLIGENCE OF 502maps. Some states, to the extent their law might be deemed to apply notwithstanding the express provisions of paragraph 14(a) below, might not permit the disclaimer of certain warranties, so the foregoing might not apply to you.

  1. LIMITATION OF LIABILITY AND REMEDIES

(a) Limited Liability for 502maps.com’ Site and Services. UNDER NO CIRCUMSTANCES WILL 502maps OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF, IN CONNECTION WITH OR RESULTING FROM THIS AGREEMENT OR 502maps’ SITE OR SERVICES, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE. IN ANY CASE, 502maps’ LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED AND MAY NOT EXCEED THE AMOUNT CHARGED IN CONNECTION WITH A PARTICULAR TRANSACTION GIVING RISE TO LIABILITY OR, IF THE CLAIM DOES NOT RELATE TO A SPECIFIC TRANSACTION, FIFTY U.S. DOLLARS ($50.00).

(b) Limited Liability with Respect to Products and Services Available Through the Site. UNDER NO CIRCUMSTANCES WILL 502maps OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, ARISING OUT OF, IN CONNECTION WITH OR RESULTING FROM ANY RESTAURANT PRODUCTS OR SERVICES AVAILABLE THROUGH 502maps’ SITE OR SERVICES, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE. THE SOLE AND EXCLUSIVE REMEDIES AVAILABLE FROM 502maps WITH RESPECT TO SUCH RESTAURANT PRODUCTS OR SERVICES ARE FOR THE REGISTERED USER TO EXERCISE HIS OR HER RIGHTS UNDER THE 502maps POINTS PROGRAM.

(c) Caveat. Some states, to the extent their law might be deemed to apply notwithstanding the express provisions of paragraph 17(a) below, might not allow the limitation of liability, so the foregoing limitations might not apply to you.

  1. INDEMNIFICATION

You agree to indemnify and hold 502maps.com, and its affiliates, directors, officers, employees and representatives, harmless from and against any loss, cost, claim, damages, liability and expense, including reasonable attorneys’ fees, and further including any injuries to third parties arising out of or relating to (a) your breach of this Agreement, (b) any fraud, manipulation, deception or misrepresentation by you, (c) any wrongdoing, willful misconduct or negligence on your part with respect to your use of the Site or Services, and (d) any violation of applicable federal or state laws or regulations.

  1. NO AGENCY

You and 502maps.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.

  1. ASSIGNMENT

You may not assign this Agreement or any of your rights hereunder to a third person without first obtaining our express written consent.

  1. USER COMMENTS, FEEDBACK, REVIEWS AND OTHER SUBMISSIONS; CERTAIN LICENSES

All comments, feedback, reviews, suggestions, ideas and other materials and content disclosed, submitted or offered by you to 502maps.com in connection with your use of the 502maps.com Site including all intellectual property and proprietary rights therein and thereto (collectively, “Comments”), shall be the exclusive property of 502maps.com and may be used or not used, in part or in whole, with or without other elements, by 502maps.com or its designees, in its sole discretion, in any medium and for any purpose worldwide, without obtaining your specific consent. For example, use of your Comments could be made on Site and in print advertisements. 502maps.com is under no obligation to maintain your Comments in confidence, to pay to any compensation or other consideration for any Comments submitted or to respond to any of your Comments. You agree that you will be solely responsible for the content of any Comments you make. Please note that you are not required to furnish Comments to us, and that if you do so, you are doing so voluntarily. Your Comments must not be false, misleading or defamatory. By entering into this Agreement, you also grant 502maps.com a non-exclusive, world-wide, royalty-free, irrevocable right to exercise all rights over the Comments (including without limitation rights of publicity and copyrights) or the information displayed or contained in your offer to buy or offer to sell, in any existing or future media, known or unknown, now or at any later date.

  1. COPYRIGHT

You acknowledge that all content and other elements included on the Site and/or used in connection with the Site, such as text, graphics, logos, icons, information, data, software, photographs, graphs, video, typeface, music, sound, images, illustrations, designs and other material, are the property of 502maps.com or its content suppliers and are protected by copyright laws. The compilation (such as the collection, arrangement and assembly) of all content on the Site is the exclusive property of 502maps.com or its content suppliers and is protected by copyright laws. The content and software on the 502maps.com Site may be used only for purposes of obtaining restaurant products and services as permitted by this Agreement. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance of the content on the Site is strictly prohibited.

  1. TRADEMARKS

(a) 502maps and Order In , Dine Out , Online are trade or service marks of 502maps.com. Use of the Site does not create any express or implied right to use such trade or service marks, and such trade or service marks may not be used in connection with any product or service that is not properly authorized by 502maps.com, in any manner that is likely to cause confusion or in any manner that disparages or discredits 502maps.com.

(b) The use of any name, trademark, tradename, servicemark, logo, symbol or other proprietary designation or marking of or belonging to any restaurant making products or services available on the Site should not be construed as an endorsement or sponsorship of the Site by any such restaurant, or as the participation by any such restaurant in the offering of goods or information through the Site.

  1. GENERAL INFORMATION

(a) Governing Law. 502maps.com, a corporation formed under the laws of the State of Washington, operates the Site. Those who choose to access the Site, or who choose to utilize the Services, do so on their own initiative with the knowledge that they are doing business with a Washington corporation. THIS AGREEMENT, AND ALL ASPECTS OF THE RELATIONSHIP AND DEALINGS BETWEEN YOU AND 502maps, SHALL BE GOVERNED BY THE LAWS OF THE STATE OF WASHINGTON WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS, I.E., AS SUCH LAW IS APPLIED TO AGREEMENTS, RELATIONSHIPS OR DEALINGS ENTERED INTO AND PERFORMED ENTIRELY WITHIN THE STATE OF WASHINGTON. IF YOU ARE UNWILLING TO HAVE WASHINGTON LAW APPLIED, DO NOT USE THE SITE. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.

(b) Complete Agreement. This Agreement and the materials expressly incorporated herein by reference constitute the full and complete agreement between you and 502maps.com. You and 502maps.com have not relied upon any promises, representations, statements or undertaking other than those set forth herein. No oral modifications to this Agreement are permitted or valid.

(c) JURISDICTION. ANY LAWSUIT THAT ARISES BETWEEN YOU AND 502maps IN CONNECTION WITH OR RELATED TO THIS AGREEMENT, THE SITE OR THE SERVICES SHALL BE BROUGHT EXCLUSIVELY IN EITHER THE STATE OR FEDERAL COURTS IN THE CITY AND COUNTY OF SEATTLE. YOU AND 502maps EXPRESSLY CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF SUCH COURTS.

(d) Section Headings. The section titles of this Agreement are for convenience only and have no legal or contractual effect.

  1. MODIFICATION

502maps.com may, in its sole discretion, modify this Agreement, at any time, by updating this posting. You should visit this page from time-to-time to review the then-current terms, because they are binding to you. Your continued use of our Site, following the posting of conspicuous notice of any modification, will be subject to the terms in effect at the time of your use. Certain provisions of these terms may be superseded by expressly designated legal notices or terms located on particular pages of this Site.

  1. TERMINATION

502maps.com may, in its sole discretion, terminate this Agreement, your use or access to the Site or any Reservation or Online Food Order without notice for any reason.

 

This User Agreement (the “Agreement”) and the policies referred to herein contain the terms and conditions on which 502maps.com (“502maps.com”, “we” or “us”) offers you (the “User” or “you”), access to its website www.502maps.com ( the “Site”) and 502maps.com’ services (the “Services”). Among other things, this Agreement describes the User’s responsibilities and limits 502maps.com’ liability. This Agreement also incorporates by reference all terms, conditions and program descriptions described elsewhere on the Site. Before using any of the Services, please read all of this Agreement and the Site carefully. In the event of any conflict between this Agreement and any other provisions set forth in the Site, the terms of this Agreement will control.

By using the Services, you state your agreement to be legally bound and to abide by the following terms and conditions. If you do not agree to these terms and conditions, you must not use the Site or the Services.

502maps.com reserves the right, in its sole discretion, to amend this Agreement at any time upon posting notice of the amended terms on the Site, or upon providing notice thereof by electronic or conventional mail or any other reasonable means. The amended terms shall automatically be effective. The User’s continued use of the Site and the Services following 502maps.com posting of any changes will constitute the User’s acceptance of such changes. This Agreement may not be otherwise amended except in a writing signed by both parties. This Agreement, in its current form, was posted on the date at the top of the form.

  1. TERMS OF SERVICE

(a) 502maps.com’ Services are available only to United States residents who can form legally binding contracts. For example, 502maps.com’ services are not available to persons under the age of 18. If you do not qualify, please do not use 502maps.com’ services. By using 502maps.com’ services, you are representing that you are a U.S. resident and can form legally binding contracts. 502maps.com may refuse or discontinue its Services to anyone at any time, in its sole discretion.

(b) To use the 502maps.com Site and Services, you must truthfully provide all of the required information requested on the Site, including your real name, phone number and e-mail address. When making reservations, your name and phone number will be provided to the restaurant. You may receive confirmation, cancellation, reminder and thank you emails associated with your reservation. Your email will not be given to any third party.

(c) You are authorized to use the Site and Services solely for your own use, and you agree not to act on behalf of a third party or to allow a third party to have access to your password in order to use the Site or Services.

  1. FEES AND SERVICES

 

 

ORDERING AND PAYMENT

When you place an order through the 502maps Services, you will be given a choice of payment options, which may include via credit card, PayPal®, and PayHub. If you pay for your purchase via credit card or PayPal, we will ask for a valid credit card or PayPal account, as applicable, which will be billed through the 502maps Services, for the purchase price of the applicable order, and “502maps” will be the name that appears on the credit card or PayPal statement, as applicable. As stated above, however, 502maps, including the Website and the 502maps Services, is not and shall not in any manner be considered the seller of any of the food, beverages, and services ordered.

REFUND POLICY

 

502maps takes customer satisfaction very seriously. If you have any problems with your order, we ask that you contact the Restaurant directly, but, if you have not been able to resolve your issue with the Restaurant to your satisfaction, please contact 502maps support@502maps.com and we will try to assist you. In appropriate cases, if you have already been billed by 502maps, 502maps may issue full or partial refunds, or “Cash Coupons”

 

Joining and making reservations or purchases through 502maps.com is free. You are responsible for paying all fees associated with your reservation or ordering through our service and the Site, and all applicable taxes.

  1. 502maps’ SERVICES

(a) The Services. 502maps.com is an online Service that enables consumers to view restaurant information and menus, make reservations, and eventually order food over the internet with restaurants. Services enabling consumers to make reservation requests are referred to as the “Reservation” Services.

(b) 502maps.com is a Venue. The Site operates as a venue for providing Reservation. Accordingly, 502maps.com has no control over the quality or safety of the restaurant products or services that are being offered or obtained through the Site or the truth or accuracy of the product or service descriptions. Please note that sometimes restaurants do not honor reservations they have accepted in a timely fashion, or at all.

(c) Identity Verification. We use many techniques to verify the accuracy of the information our users provide us when they register on the Site. However, because user verification on the Internet is difficult, 502maps.com cannot and does not confirm each user’s purported identity.

(d) Release. Because we are a venue, in the event that you have a dispute with one or more sellers, you release 502maps.com (and our owners, officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

(e) Information Control. We do not control the information provided by other users or sellers that is made available through our system. You may find other user’s information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. By using this Site, you agree to accept such risks and 502maps.com is not responsible for the acts or omissions of users on the Site.

  1. FRAUD

Without limiting any other remedies, 502maps.com may suspend or terminate your account if we in our sole discretion suspect that you (by conviction, settlement, insurance or investigation, or otherwise) have engaged in fraudulent activity in connection with the Site or any other practices that are offensive, harmful, inaccurate or deceptive.

  1. PRIVACY

502maps.com is committed to protecting your privacy. 502maps.com will not provide any information regarding your User profile or your transaction history to any third party without your consent (with the exception of providing your name, email address, and contact phone number to restaurants where you used the Services). 502maps.com may change this Privacy Policy in the future. You should check the Privacy Policy regularly for changes. Please click here to read our Privacy Policy.

  1. YOUR INFORMATION

(a) Definition. “Your Information” is defined as any information you provide to us in the registration process, in any public message area (i.e., the feedback area) or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.

(2) Restricted Activities. Your Information (or any items listed) and your activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent (c) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, shall be posted only in the Mature Audiences section and shall be distributed only to people legally permitted to receive such content; (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers

(3) License. To enable 502maps.com to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. 502maps.com will only use Your Information in accordance with our Privacy Policy.

  1. REPRESENTATIONS OF USER

You represent that you:

(a) understand and will abide by the terms of this Agreement;

(b) have adequate funds available under the valid, unexpired credit issued to you branded with the MasterCard, VISA or American Express logo to cover purchases

(c) will not engage in any fraudulent, speculative, deceptive or manipulative act or practice, including using the Reservation Services in bad faith or otherwise misuse the Site or Services in any manner;

(d) will maintain the confidentiality of your user name and password;

(e) understand and agree that 502maps.com has not inspected, verified and has no control over the quality or safety of the restaurant products and services available through this Site, and that 502maps.com does not control and does not know whether the restaurant has truthfully and accurately described the products and services or that such products and services meet the criteria of the Reservation Services.

(g) recognize that any errors contained in information provided by the User when requesting Reservation Services are solely the responsibility of the User and such errors do not excuse the User’s obligation to consummate a transaction on the terms stated in the Reservation Services.

  1. BREACH

Without limiting other remedies, we may limit your activity, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership, refuse to provide our services to you or take such other action we deem reasonable in our sole discretion if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.

  1. EXCLUSION OF VARIOUS WARRANTIES

502maps’ SITE AND SERVICES AND ALL PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. 502maps MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:

(a) 502maps MAKES NO WARRANTIES, AND EXPRESSLY DISCLAIMS, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT;

(b) 502maps MAKES NO WARRANTIES THAT ITS SITE OR SERVICES, OR THE PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITE, WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OPERATE WITHOUT ERROR OR BE FREE OF SOFTWARE ERRORS OR COMPUTER VIRUSES. NOR DOES 502maps MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICE;

(c) 502maps DOES NOT WARRANT THAT THE PRODUCTS, SERVICES, DESCRIPTIONS, INFORMATION OR MATERIAL INCLUDED ON THE SITE WILL BE AS REPRESENTED BY RESTAURANT PARTNERS OR OTHER THIRD-PARTY PROVIDERS, WILL BE FREE OF DEFECTS OR LAWFUL TO SELL, OR WILL BE SATISFACTORY TO YOU, OR THAT RESTAURANT PARTNERS OR THIRD-PARTY PROVIDERS WILL PERFORM AS PROMISED;

(d) 502maps EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND

(e) 502maps EXPRESSLY DISCLAIMS ANY OBLIGATION, LIABILITY OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM ANY NEGLIGENCE OF 502maps. Some states, to the extent their law might be deemed to apply notwithstanding the express provisions of paragraph 14(a) below, might not permit the disclaimer of certain warranties, so the foregoing might not apply to you.

  1. LIMITATION OF LIABILITY AND REMEDIES

(a) Limited Liability for 502maps.com’ Site and Services. UNDER NO CIRCUMSTANCES WILL 502maps OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF, IN CONNECTION WITH OR RESULTING FROM THIS AGREEMENT OR 502maps’ SITE OR SERVICES, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE. IN ANY CASE, 502maps’ LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED AND MAY NOT EXCEED THE AMOUNT CHARGED IN CONNECTION WITH A PARTICULAR TRANSACTION GIVING RISE TO LIABILITY OR, IF THE CLAIM DOES NOT RELATE TO A SPECIFIC TRANSACTION, FIFTY U.S. DOLLARS ($50.00).

(b) Limited Liability with Respect to Products and Services Available Through the Site. UNDER NO CIRCUMSTANCES WILL 502maps OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, ARISING OUT OF, IN CONNECTION WITH OR RESULTING FROM ANY RESTAURANT PRODUCTS OR SERVICES AVAILABLE THROUGH 502maps’ SITE OR SERVICES, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE. THE SOLE AND EXCLUSIVE REMEDIES AVAILABLE FROM 502maps WITH RESPECT TO SUCH RESTAURANT PRODUCTS OR SERVICES ARE FOR THE REGISTERED USER TO EXERCISE HIS OR HER RIGHTS UNDER THE 502maps POINTS PROGRAM.

(c) Caveat. Some states, to the extent their law might be deemed to apply notwithstanding the express provisions of paragraph 17(a) below, might not allow the limitation of liability, so the foregoing limitations might not apply to you.

  1. INDEMNIFICATION

You agree to indemnify and hold 502maps.com, and its affiliates, directors, officers, employees and representatives, harmless from and against any loss, cost, claim, damages, liability and expense, including reasonable attorneys’ fees, and further including any injuries to third parties arising out of or relating to (a) your breach of this Agreement, (b) any fraud, manipulation, deception or misrepresentation by you, (c) any wrongdoing, willful misconduct or negligence on your part with respect to your use of the Site or Services, and (d) any violation of applicable federal or state laws or regulations.

  1. NO AGENCY

You and 502maps.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.

  1. ASSIGNMENT

You may not assign this Agreement or any of your rights hereunder to a third person without first obtaining our express written consent.

  1. USER COMMENTS, FEEDBACK, REVIEWS AND OTHER SUBMISSIONS; CERTAIN LICENSES

All comments, feedback, reviews, suggestions, ideas and other materials and content disclosed, submitted or offered by you to 502maps.com in connection with your use of the 502maps.com Site including all intellectual property and proprietary rights therein and thereto (collectively, “Comments”), shall be the exclusive property of 502maps.com and may be used or not used, in part or in whole, with or without other elements, by 502maps.com or its designees, in its sole discretion, in any medium and for any purpose worldwide, without obtaining your specific consent. For example, use of your Comments could be made on Site and in print advertisements. 502maps.com is under no obligation to maintain your Comments in confidence, to pay to any compensation or other consideration for any Comments submitted or to respond to any of your Comments. You agree that you will be solely responsible for the content of any Comments you make. Please note that you are not required to furnish Comments to us, and that if you do so, you are doing so voluntarily. Your Comments must not be false, misleading or defamatory. By entering into this Agreement, you also grant 502maps.com a non-exclusive, world-wide, royalty-free, irrevocable right to exercise all rights over the Comments (including without limitation rights of publicity and copyrights) or the information displayed or contained in your offer to buy or offer to sell, in any existing or future media, known or unknown, now or at any later date.

  1. COPYRIGHT

You acknowledge that all content and other elements included on the Site and/or used in connection with the Site, such as text, graphics, logos, icons, information, data, software, photographs, graphs, video, typeface, music, sound, images, illustrations, designs and other material, are the property of 502maps.com or its content suppliers and are protected by copyright laws. The compilation (such as the collection, arrangement and assembly) of all content on the Site is the exclusive property of 502maps.com or its content suppliers and is protected by copyright laws. The content and software on the 502maps.com Site may be used only for purposes of obtaining restaurant products and services as permitted by this Agreement. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance of the content on the Site is strictly prohibited.

  1. TRADEMARKS

(a) 502maps and Order In , Dine Out , Online are trade or service marks of 502maps.com. Use of the Site does not create any express or implied right to use such trade or service marks, and such trade or service marks may not be used in connection with any product or service that is not properly authorized by 502maps.com, in any manner that is likely to cause confusion or in any manner that disparages or discredits 502maps.com.

(b) The use of any name, trademark, tradename, servicemark, logo, symbol or other proprietary designation or marking of or belonging to any restaurant making products or services available on the Site should not be construed as an endorsement or sponsorship of the Site by any such restaurant, or as the participation by any such restaurant in the offering of goods or information through the Site.

  1. GENERAL INFORMATION

(a) Governing Law. 502maps.com, a corporation formed under the laws of the State of Washington, operates the Site. Those who choose to access the Site, or who choose to utilize the Services, do so on their own initiative with the knowledge that they are doing business with a Washington corporation. THIS AGREEMENT, AND ALL ASPECTS OF THE RELATIONSHIP AND DEALINGS BETWEEN YOU AND 502maps, SHALL BE GOVERNED BY THE LAWS OF THE STATE OF WASHINGTON WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS, I.E., AS SUCH LAW IS APPLIED TO AGREEMENTS, RELATIONSHIPS OR DEALINGS ENTERED INTO AND PERFORMED ENTIRELY WITHIN THE STATE OF WASHINGTON. IF YOU ARE UNWILLING TO HAVE WASHINGTON LAW APPLIED, DO NOT USE THE SITE. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.

(b) Complete Agreement. This Agreement and the materials expressly incorporated herein by reference constitute the full and complete agreement between you and 502maps.com. You and 502maps.com have not relied upon any promises, representations, statements or undertaking other than those set forth herein. No oral modifications to this Agreement are permitted or valid.

(c) JURISDICTION. ANY LAWSUIT THAT ARISES BETWEEN YOU AND 502maps IN CONNECTION WITH OR RELATED TO THIS AGREEMENT, THE SITE OR THE SERVICES SHALL BE BROUGHT EXCLUSIVELY IN EITHER THE STATE OR FEDERAL COURTS IN THE CITY AND COUNTY OF SEATTLE. YOU AND 502maps EXPRESSLY CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF SUCH COURTS.

(d) Section Headings. The section titles of this Agreement are for convenience only and have no legal or contractual effect.

  1. MODIFICATION

502maps.com may, in its sole discretion, modify this Agreement, at any time, by updating this posting. You should visit this page from time-to-time to review the then-current terms, because they are binding to you. Your continued use of our Site, following the posting of conspicuous notice of any modification, will be subject to the terms in effect at the time of your use. Certain provisions of these terms may be superseded by expressly designated legal notices or terms located on particular pages of this Site.

  1. TERMINATION

502maps.com may, in its sole discretion, terminate this Agreement, your use or access to the Site or any Reservation or Online Food Order without notice for any reason.

 

 

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