TERMS OF USE of LOCALTABLE, LLC

These Terms of Use (the “Terms”) apply to your use of the website, mobile applications, and any services provided under a separate service agreement (collectively, the “Services”), provided by LocalTable, LLC (“LocalTable,” “we,” “us,” or “our”), whether for yourself or on behalf of a business. By using the Services, you agree to be bound by these Terms. To the extent these Terms conflict with any part of a separate service agreement between you and LocalTable, the service agreement will control. These Terms incorporate the LocalTable privacy policy, which can be found www.localtable.co/tos.

Your Account

To access the full array of Services, you will need to create an account. That account may be created directly by you, or may be created by an administrator on your behalf. In either event, you recognize the importance of keeping your account password confidential, and agree that you are responsible for activity that happens on or through your account. If you suspect any unauthorized use of your account please contact us www.localtable.co/tos.

Content

In your use of the Services you may upload content to your account. Ownership of intellectual property rights in that content will remain yours. With regard to that content, you agree that by uploading through the Services you grant LocalTable and those we work with a worldwide license to use, host, store, reproduce, modify, create derivative works of, communicate, publish, publicly perform, publicly display and distribute such content. This license is granted for the sole purpose of operating, promoting, and improving the Services, and developing new ones. You agree that we may display your account profile name, photo, and actions you take through the Services, within the Services, subject to the terms of the Privacy Policy.

Mobile Apps

Where the Services require or permit download of a mobile application (an “App”), we give you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the App as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services in accord with these Terms. You agree not to copy, modify, distribute, sell, or lease any part of the Services or any App, nor to reverse engineer or attempt to extract the source code of any App, unless laws prohibit those restrictions or you have our written permission.

Modifying or Terminating Services

We like to think we’re an innovative company, so we’ll continue to update and change the Services, by both adding and removing features, functionalities, and services. We reserve the right to make these

changes, or terminate the Services altogether, at any time, subject only to a separate service agreement. You may terminate your use of the Services at anytime, also subject to any separate service agreement. If we decide to terminate a Service, as much as possible we will provide you with advance notice and an opportunity to archive data. While we will do our best to work with you to archive data in the event you terminate Services, we cannot guarantee the availability of any data after you terminate Services or request deletion of an account.

Your Responsibilities

In making use of the Services, you agree not to:

  Post or distribute content that contains any viruses, malware, worms, Trojan horses, malicious code, or other device that could harm our technical infrastructure or system or that of other users;

  Engage in automated uses of the site that are abusive or disruptive of the Services and have not been approved by us;

  Disrupt the Services by placing an undue burden on a website or the networks or servers connected with the Services;

  Disrupt the Services by inundating any of the websites or Apps with communications or other traffic that suggests no serious intent to use the Services for their stated purpose;

  Knowingly access, tamper with, or use any of our non-public areas in our computer systems without authorization;

  Probe, scan, or test the vulnerability of any of our technical systems or networks;

  Infringe copyrights, trademarks, patents, or other proprietary rights of others;

  Attempt to impersonate another user or individual, misrepresent your affiliation with any
individual or entity, or use the username of another user with the intent to deceive;

  Infringe the privacy rights of others or solicit personally identifying information for the purposes of harassment, exploitation, violation of privacy, or any promotional or commercial purpose not
explicitly approved by LocalTable;

  Transmit chain, junk mail, or spam to others;

  Engage in harassment, threats, stalking, spamming, or vandalism;

  Intentionally or knowingly post content that constitutes libel or defamation;

  Post content that is false or inaccurate with the intent to deceive; or

  Otherwise use the Services in a manner inconsistent with applicable law.

Warranties and Disclaimers

While we promise to use a commercially reasonable level of skill and care in providing the Services, there are certain promises we don’t make.
Namely, other than as expressly set out in these Terms or a separate service agreement, neither we nor our agents, assigns, or third-party contractors and vendors make any specific promises about the Services, or any commitments about the content within the Services, the specific functions of the Services, or their reliability, availability, or ability to meet your needs. We provide the Services “As Is.”

Some jurisdictions provide for certain warranties, such as the implied warranty of merchantability, fitness for a particular purpose, and non-infringement. To the extent permitted by law, we exclude all warranties of any kind.

Limitation of Liability

You agree to waive, release, and hold LocalTable (plus our agents and assigns) harmless from any and all liability or every type except liability arising out of our gross negligence or willful misconduct. In any event, to the maximum extent permitted by law, you agree that we will not be liable for any direct, special, incidental, indirect, punitive, consequential or other damages arising out of your use of the Services, and that to the extent permitted by law, our total liability for any claims arising under these Terms will be limited to the amount paid for the Services. In any event, all damages will be limited to actual damages that are reasonably foreseeable.

Business Use

If the Services are being used on behalf of a business, that business agrees to these Terms, and you warrant that you have the power to bind the business to these terms, including the limitation of liability above.

Changes.

We reserve the right to change or modify these Terms at any time and any changes will be effective upon being posted unless we advise otherwise. If we make any material changes to these Terms we will notify you by email (sent to the email address specified when you register) and/or by means of a notice on the LocalTable website prior to the change becoming effective. We encourage you to periodically review the LocalTable website for the latest Terms.

Boilerplate

The invalidity, illegality or unenforceability of any provision of these Terms will in no way affect the validity, legality or enforceability of any other provision.

These Terms will be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns, subject to the limitations set forth herein.

Any waiver of compliance with these Terms must be in writing, and waiver in one instance will not be deemed a waiver in any future instance.

These Terms and actions taken thereunder will be governed by, and construed in accordance with, the laws of the Commonwealth of Massachusetts, applied without regard to conflict of law principles, and the Courts of the Commonwealth of Massachusetts will have exclusive jurisdiction over any claim arising under these Terms.

Contact

Reach out to us with any questions, concerns, or comments here:

LocalTable, LLC
51 Melcher Street
1st Floor
Boston, MA 02210
(910)-236-9224
[email protected]