Tablelist Terms of Use

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE TABLELIST APPLICATION AND ANY SERVICES PROVIDED BY US, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, PLEASE IMMEDIATELY LEAVE THE TABLELIST APPLICATION AND DO NOT USE THE TABLELIST APPLICATION OR ANY SERVICES PROVIDED BY US.

These terms of service (the "Terms") apply to your access and use of the iOS application, the Android application, the mobile web application and the website ("Site") located at tablelist.com (collectively, the "Application") provided by Tablelist ("Tablelist", "we", "our" or "us") and any feature, content, tools and services accessible by means of the Application. The Application and such services are collectively referred to as the "Service." The Terms do not alter in any way the terms or conditions of any other agreement you may have with Tablelist for the Service (or any part thereof). If you are using the Service on behalf of an entity, you represent and warrant that you are authorized to accept the Terms on such entity's behalf, and that such entity agrees to indemnify you and Tablelist for violations of the Terms.

The Service permits users to reserve tables and bottle service at participating nightclubs and venues, purchase tickets to certain events, and make reservations for appointment times and products at participating cannabis retailers.

We reserve the right to change or modify any of the terms and conditions contained in the Terms or any policy or guideline of the Service, at any time and in our sole discretion. Any changes or modifications will be effective immediately upon the posting of such revisions on our website located at https://www.tablelist.com (the "Site") or when such revisions are made available via the Service, and you waive any right you may have to receive specific notice of such changes or modifications; provided, however, that to the extent such changes or modifications relate to our use, processing, storage, or disclosure of Personal Data (as defined in the Privacy Policy), we will obtain any consent required by applicable law. Your continued use of the Service (or any portion thereof) following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Service. If you do not agree to the amended Terms, you must leave the Application and stop using the Service.

If you have any questions regarding the use of the Service, please email us at [email protected] .

Tablelist Privacy Policy

Please refer to our privacy policy for information on how we collect, use and disclose personally identifiable information from our users. Our Privacy Policy is available at https://www.tablelist.com/legal/privacy .

DEVICE USAGE TERMS AND CONDITIONS

You acknowledge and agree that your use of the Service must also be in accordance with the usage rules established by your mobile device platform or service provider.

REGISTRATION DATA

You will be required to register for an account to use certain features of the Service, such as making a reservation or purchasing a ticket. You agree to: (i) provide accurate, current and complete information about you as may be prompted by any signup, login and/or registration forms made available via the Service ("Registration Data"); (ii) maintain and promptly update the Registration Data, and any other information you provide to Tablelist, in order to keep it accurate, current and complete; and (iii) accept all risk of unauthorized access to the Registration Data and any other information you provide to Tablelist.

You may not use the Service if you are less than 21 years of age and all of the members in your group are also 21 years of age. By using the Tablelist application you verify that you and all of the members in your group are at least 21 years of age and that you are entering into this agreement with a clear/un-inebriated mind. If you or any member in your group is not at least 21 years of age, please leave the site and cease all use of the Application and Service.

You are responsible for safeguarding any password that is used to access your account and for any activities or actions resulting from such account. You agree not to disclose your password to any third party. You agree to notify Tablelist immediately of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password.

Tablelist will delete your account and any data or information that you may have stored as a result of your account or your use of the Application and Services (A) in accordance with Tablelist's standard document retention and deletion schedules, and (B) upon receipt of your request that Tablelist delete your account information (such request may be made by emailing [email protected] ). You are only authorized to create and use one account for the Service and are prohibited from utilizing alter-egos or other disguised identities when utilizing the Application or Services. You are under no obligation to use or continue to use the Application or Services and may cease use of the Application or Services without notice to Tablelist.

GRANT AND RESTRICTIONS

Subject to the terms, conditions and limitations set forth in the Terms, Tablelist grants you a non-exclusive, non-transferable and revocable license to install and use the Application on any mobile device that you own or control. The terms of the license will also govern any upgrades provided by Tablelist that replace and/or supplement the original Application, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.

You agree not to do, or authorize or permit any third-party to do, any of the following: (i) distribute or make the Application available over a network where it could be used by multiple devices at the same time; (ii) rent, lease, lend, sell, redistribute or sublicense the Application; (iii) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, any updates, or any part thereof (except as and only to the extent any of the foregoing restrictions are prohibited by applicable law); or (iv) remove, alter or obscure any copyright, trademark or other proprietary rights notice on or in the Application. If you violate any of the foregoing restrictions, your use of the Application will immediately cease and you will have infringed the copyright and other rights of Tablelist, which may subject you to prosecution and damages. Tablelist reserves all rights not expressly granted to you in the Terms.

CONSENT TO USE OF DATA AND MOBILE COMMUNICATIONS

Tablelist will collect, use, process, and share certain of your technical data, Personal Data (as defined in the Privacy Policy), and related information in connection with the terms and conditions of the Tablelist's Privacy Policy.

COMPATIBILITY WITH MOBILE DEVICES

Tablelist does not warrant that the Service will be compatible or interoperable with your mobile device or any other hardware, software or equipment installed on or used in connection with your mobile device.

CARRIER CHARGES

You acknowledge and understand that the Service requires and utilizes phone service, data access and text messaging capabilities. Carrier rates for phone, data and text messaging may apply and you are responsible for any such charges.

PRODUCT DESCRIPTIONS

Tablelist attempts to be as accurate as possible. However, Tablelist does not warrant that the Service is complete, reliable, current or error-free. If you have reason to believe that an item you purchased through the Service does not meet the claims advertised within the Service, your sole remedy is to not accept the item and contact Tablelist immediately, and in any case no later than three business days following the date of purchase. Tablelist will make a determination as to the merits of your claim in our sole discretion.

ADVERTISED PRICES

Tablelist makes no guarantee that the prices advertised through the Service represent (i) the lowest price for an item in every area on any particular day or (ii) the published price for an item on another website or publication not affiliated with Tablelist in every area on any particular day.

MAKING RESERVATIONS AND PURCHASES

Please review our Frequently Asked Questions which (in addition to these Terms of Sue) will govern your booking of reservations at venues or purchase of any tickets or other products through the Service, including any refunds or exchanges. We may impose conditions on your use of any coupon, promotional code or gift card. You will pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred, including any applicable taxes. You may only use credit or debit cards, gift cards or vouchers that belong to you or to people who expressly authorize you to use such payment methods.

All sales are final and non-refundable unless otherwise agreed upon and stated by the venue at the time of sale. The processing fee is non-refundable, even if the payment to which it relates is canceled, refunded, or charged back.

If we are unable to verify or authenticate any information you provide during any registration, ordering, purchase, sale, authentication, delivery, payment or remittance process, or any other process, or if we are no longer able to verify or authorize your credit card or bank account information, your reservations or tickets may be cancelled, we may refuse to honor all pending and future reservations or ticket purchases made with those credit card or bank accounts and/or via any online accounts associated with those credit card or bank accounts. We may also terminate your Account and prohibit you from using the Service.

HONORING YOUR PAYMENT COMMITMENTS

When you make a purchase or reservation via the Service you are representing to us that: (i) any credit information you supply is true and complete; (ii) charges incurred by you will be honored by your credit card company; and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes. You are also acknowledging that: (a) the posted prices include the rate negotiated by Tablelist with its vendors and suppliers plus service fees and taxes, where applicable; (b) Tablelist pays its vendors and suppliers for the taxes due, but the vendors and suppliers calculate and remit applicable taxes to the applicable taxing jurisdictions; and (c) Tablelist retains a service fee or transaction fee from the posted price as compensation in servicing your purchase or reservation, regardless of whether you are able to consummate your transaction. TRANSACTION FEES ARE NON-REFUNDABLE.

TABLE OVERBOOKINGS; AGENT FEE

If a venue where you have made a reservation has overbooked, it is the venue's responsibility to accommodate you. This is our agreement with each venue. We will endeavor to enforce our agreements with venues, and while we are not responsible to you if the venue does not, for whatever reason, accommodate you, we ask that you contact us immediately in the event that the venue is unable to accommodate you so that we may assist in the process.

TABLELIST CREDITS

Tablelist booking credit is not redeemable for cash or cash equivalents, is non-transferable and may not be applied towards prior purchases. Other restrictions may apply. Unless you paid us in full for any booking credits, we reserve the right to rescind any booking credits subject to reasonable notice to you. Sharing your referral code on coupon sites, search engines, or any other public forums is prohibited. Doing so may result in all credit being revoked.

ELECTRONIC COMMUNICATIONS

When you use the Service or send e-mails to us, you are communicating with us electronically, and you consent to receiving communications from us electronically regarding the Application, the Service, or other applications or services that we may offer or provide from time to time. We may communicate with you by e-mail or by providing notices via the Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Any such emails may include marketing and promotional content regarding the Application, the Service, or other applications or services that we may offer or provide from time to time.

THIRD-PARTY INTERACTIONS

Your use of the Application and your contact, interaction, or dealings with any third-parties arising out of your use of the Service is solely at your own risk. You acknowledge and agree that Tablelist is not responsible or liable in any manner for any loss, damage or harm of any sort incurred as the result of the Service, except as may be required by applicable law or regulation. The vendors and other suppliers providing reservations or tickets through the Service are independent contractors and not agents or employees of Tablelist. Tablelist is not responsible, and shall not be held liable for, the acts, errors, omissions, representations, warranties, breaches or negligence of any such vendors or suppliers for any personal injuries, death, property damage, loss, theft or other damages or expenses resulting therefrom, except as may be required by applicable law or regulation.

TABLELIST CONTENT

The Service (including, but not limited to, the Application, and all data, text, images, artwork, photographs, audio files, video files, and all tickets obtained from the Service) contains the valuable proprietary content of Tablelist and its licensors and is protected by copyright and other intellectual property laws and treaties. You agree not to use the Service (including, but not limited to, the Application) except in its intended manner in accordance with the terms and conditions of the Terms.

THIRD PARTY WEBSITES

The Site and the App may contain links to websites maintained by third parties. All links are provided only as a convenience to you, and the inclusion of any link does not imply endorsement or sponsorship by Tablelist of such website or any association with its operators. Tablelist does not control or operate in any respect information, products or services on such third-party sites and is not responsible for their content. These sites may be governed by different terms of use and privacy policies. Please check these policies before using these sites. You assume sole responsibility for use of third-party links and websites.

USER CONTENT AND YOUR CONDUCT

The Service includes forums and other interactive areas or services ("Interactive Areas") in which you or other users can create, post or share content, materials, data, information, text, photos and/or other materials ("User Content"). You are solely responsible for your use of such Interactive Areas and the User Content you share.

By submitting or authorizing User Content, you grant to us a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free and fully paid-up license to use, copy, license, sublicense, adopt, distribute, display, publicly perform, reproduce, transmit, modify, edit and other exploit the User-Contributed Content and the likenesses (if any) contained therein, in connection with our business. We are not obligated to post, display or otherwise use any User Content, or to attribute your User Content to you. You will not make or authorize any claim against us that our use of your User Content infringes any of your rights. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Service any of the following: User Content that is libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, violent, harassing, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive or otherwise objectionable; User Content that is illegal or unlawful, that would constitute, encourage or provide instructions for a criminal offense, or otherwise create liability or violate any local, state, national or international law; User Content that may infringe or violate any patent, trademark, trade secret, copyright, right of privacy, right of publicity or other intellectual property right or other right of any party; Unsolicited promotions, political campaigning, or commercial messages (SPAM) or any chain messages or User Content designed to deceive or trick the user of the Service; Private information of any third-party including, but not limited to, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; and Viruses, corrupted data or other harmful, disruptive or destructive files or code, script or other software designed to automate any functionality on the Service without Tablelist's express written consent. You further agree that you are solely responsible for your conduct while using the Service, and you agree that you will not do any of the following in connection with the Service or the users of the Service: Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service or that could damage, disable, overburden or impair the functioning of the Service in any manner; Collect any personally identifiable information about other users (except as specifically authorized by Tablelist), or intimidate, threaten, stalk, or otherwise harass or cause discomfort to other users of the Service;

Use the Service for any commercial purpose;

Use the Service for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates the Terms or any other rules or polices established from time-to-time by Tablelist; Create an account, post any content, or otherwise use the Service if you are not, at least, 21 years of age;

Modify, adapt, hack or emulate the Service;

Circumvent or attempt to circumvent any filtering, security measures or other features designed to protect the Service or users of the Service or third- parties; and Infringe upon or violate the rights of Tablelist, its users or any third-party. Use technology to search for, reserve, or purchase bookings or tickets through the Service Tablelist takes no responsibility and assumes no liability for any user conduct or for any User Content posted, stored or made available via the Service, nor is Tablelist liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas and the Service is at your own risk. Enforcement of the user content and conduct rules set forth in the Terms is solely at Tablelist's discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third-party or any reasonable expectation that the Service will not contain any content that is prohibited by such rules. If we are notified that your User Content does not comply with these Terms, we may investigate the allegation and may decide to remove your User Content and cancel your account. We may also hold you liable for any User Content that infringes the rights of a third party and require you to pay or reimburse us for any amounts we believe are necessary to resolve any complaint.

THIRD-PARTY CONTENT

Tablelist may provide third-party content via the Service and may provide links to Web pages and content of third-parties (collectively, the "Third-Party Content") as a service to those interested in this information. Use of Third-Party Content and access to Third-Party Content is subject to the terms of service, terms of use, and/or privacy policy of such Third-Party Content. Tablelist does not control, endorse or adopt any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content including, but not limited to, its accuracy or completeness. You acknowledge and agree that Tablelist is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review any Third-Party Content. Users use such Third-Party Content contained therein at their own risk.

NOTIFICATION OF INFRINGEMENT; DMCA POLICY

We respect the intellectual property rights of others. Tablelist does not permit or tolerate the posting of any User Content on the Site or App that infringes any person's intellectual property rights. Should you become aware of or suspect any copyright infringement on this Site or App, please contact Tablelist at [email protected]. The notice must include: (a) your (or your agent's) physical or electronic signature; (b) identification of each copyrighted work on our Site or App that is claimed to have been infringed; (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on the Site; (d) your name, address, telephone number and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice.

ADVERTISEMENTS AND PROMOTIONS; THIRD-PARTY PRODUCTS AND SERVICES

From time to time Tablelis t may run advertisements and promotions via the Service. These promotions may have specific rules that are different from these Terms. By participating in such a promotion, you agree to be subject to those rules. Please review the rules before you participate in such a promotion. Tablelist also may run advertisements and promotions from third-parties via the Service or may otherwise provide information about or links to third-party products or services via the Service. Your business dealings or correspondence with, or participation in promotions of, such third-parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third-party. Tablelist is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-Tablelist advertisers or third-party information accessible via the Service.

TRADEMARKS

The Tablelist and "table" logo are trademarks or registered trademarks of Tablelist LLC in the United States and in numerous international jurisdictions. These marks may not be reproduced or used without Tablelist LLC's prior written permission. You may not use any metatags or any other "hidden text" utilizing "Tablelist" or any other name, trademark or product or service name of Tablelist without our prior written permission. In addition, the look and feel of the Service, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Tablelist and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos made available via the Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

TERMINATION OR MODIFICATION OF APPLICATION

Tablelist reserves the right to change, suspend, remove, discontinue or disable access to the Service (including, but not limited to, the Application) at any time without notice. In no event will Tablelist be liable for the removal of or disabling of access to any portion or feature of the Service (including, but not limited to, the Application).

TERMINATION

If you breach any of the terms or conditions of the Terms or Tablelist discontinues the Application, your license to use the Application will automatically terminate. In the event of such termination, you must immediately cease all use of the Application and destroy or erase all copies of the Application in your possession or control. All of the sections of the Terms will survive any termination of the License except the License section and the Consent to Use of Data and Mobile Communications section. Any use of the Application after termination is unlicensed and is in violation of the copyright and other rights of Tablelist. Tablelist and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content or cancel orders in their sole discretion.

UNLAWFUL ACTIVITY

We reserve the right to investigate complaints or reported violations of the Terms and to take any action we deem appropriate including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third-parties and disclosing any information necessary or appropriate to such persons or entities relating to your Registration Data, usage history, posted materials, IP addresses and traffic information.

INFORMATION AND PRESS RELEASES

The Site may contain information and press releases about us. We disclaim any duty or obligation to update this information. Information about companies other than ours contained in any press release or otherwise should not be relied upon as being provided or endorsed by us. APPLE AND ANDROID DEVICES

The following terms apply when you obtain the Application from either the Apple Store or Google Play (each an "App Distributor") to access the Service: (1) the license granted to you for our Application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor's terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the Application; (3) in the event of any failure of the Application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the Application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the Application; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist supporting" country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the Application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the Application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof

DISCLAIMERS

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE (INCLUDING, BUT NOT LIMITED TO, THE APPLICATION) IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, SAFETY, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE (INCLUDING, BUT NOT LIMITED TO, THE APPLICATION) IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TABLELIST DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE TERMS AND THE SERVICE (INCLUDING, BUT NOT LIMITED TO, THE APPLICATION) WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL: (I) WARRANTIES OF MERCHANTABILITY; (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT TABLELIST KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (III) WARRANTIES OF NON-INFRINGEMENT OR CONDITION OF TITLE. TABLELIST DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE APPLICATION WILL BE ACCURATE OR MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, GUIDELINES OR ADVICE GIVEN BY TABLELIST OR ITS AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY. INDEMNIFICATION

You agree, at your sole expense, to defend, indemnify and hold us, our independent contractors, service providers and consultants, and their respective directors, employees and agents, harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of, resulting from, attributable to or in any way incidental to: (i) your use of the Site, the App, the Service, Tablelist Content, User Content or ThirdParty Content; or (ii) your violation of the Terms or your violation of the rights of any third-party.

LIMITATION OF LIABILITY

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL TABLELIST BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE (INCLUDING, BUT NOT LIMITED TO, THE APPLICATION), HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) AND EVEN IF TABLELIST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL TABLELIST'S TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICE (INCLUDING, BUT NOT LIMITED TO THE APPLICATION) EXCEED $100.00 UNITED STATES DOLLARS.

APPLICABLE LAW AND VENUE

The Terms and your use of the Service including, but not limited to, the Application will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, applicable to agreements made and to be entirely performed within the Commonwealth of Massachusetts, without resort to its conflict of law provisions.

EXPORT LIMITATIONS

You may not use or otherwise export or re-export the Application except as authorized by United States law and the laws of the jurisdiction in which the Application was obtained. In particular, but without limitation, the Application may not be exported or re-exported: (i) into any U.S. embargoed countries; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Application for any purposes prohibited by United States law including, but not limited to, the development, design, manufacture or production of nuclear missiles, or chemical or biological weapons.

US GOVERNMENT RIGHTS

The Application and related documentation are "Commercial Items," as that term is defined in 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end-users: (i) only as Commercial Items; and (ii) with only those rights as are granted to all other end-users pursuant to the terms and conditions herein. Unpublished rights are reserved under the copyright laws of the United States.

CONTACT INFORMATION

For general inquiries, complaints, questions or claims concerning the licensed Application or Services, please contact: Tablelist, Inc. 101 Federal Street, Suite 1900 Boston, MA 02110 [email protected] You may also contact our member support team at [email protected].