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TERMS OF USE

User Agreement:

This USER Agreement (the "Agreement") and the policies referred to herein contain the complete terms and conditions that apply to your use of the restaurant reservation services (the "Services") being offered at the URL: http://www.ezresonline.com and all affiliated web sites owned and operated solely by EZResOnline (collectively, the "EZResOnline Site"). As used in this Agreement, "EZResOnline" refers to Bits & Bytes. and any of its subsidiaries, and "USER" or "you" refers to you. USE OF THE SERVICES AND THE EZRESONLINE SITE CONSTITUTES KNOWING ACCEPTANCE AND ACKNOWLEDGEMENT OF THIS USER AGREEMENT, TERMS AND CONDITIONS (COLLECTIVELY, THE “EZResOnline POLICIES)”. EZResOnline may modify this Agreement's terms and conditions at any time without notice. Continued use of the Services and the EZResOnline Site after a change in this Agreement, or after implementation of any other new policy constitutes acceptance of such change or policy. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT OR ANY REVISED VERSION OF THIS AGREEMENT, PLEASE DO NOT USE THIS SITE.

1. WHAT WE DO

EZResOnline provides the Services to USER for the purpose of assisting USER in securing dining reservations at participating third party restaurants (each a "Restaurant"). In response to a USER's online request, the EZResOnline Site directly contacts the Restaurant's computerized database of reservations. The availability of reservations is determined at the time of USER's query. Once a reservation is made by USER, EZResOnline will provide confirmation of the reservation to USER by email. By using the Services, USER agrees to receive reservation confirmations by email after booking a reservation through the EZResOnline Site.

2. NO SHOW POLICY

EZResOnline is committed to providing superior quality services to its USERS and Restaurants. To assist us in maintaining a consistently high level of service with the participating Restaurants and patrons, USERS are asked to cancel any reservations that they will be unable to honor at least 30 minutes in advance on the day of the reservation. You may cancel your reservation online or call the restaurant directly. In the case of larger party reservations, where the restaurant has requested a credit card, you may be required to cancel your reservation in accordance with that restaurant's individual cancelation policy, which will always be shared with the USER at the time the reservation is made. If you are unable to keep your reservation and you fail to cancel, EZResOnline will send you an email letting you know that our records indicate that you were a no-show. By using the Services, USER agrees to receive no-show confirmations by email after a Restaurant and/or the EZResOnline Site reports your reservation was not honored, whether or not that was in fact the case. Your EZResOnline account may be terminated if you no-show for four reservations within the same twelve-month period. If you receive a no-show confirmation email in error, you will also receive information on how to dispute it. USER agrees that all final no-show determination will be made by EZResOnline in its sole discretion.

3. PRIVACY POLICY

EZResOnline is committed to safeguarding your privacy online. Please review our privacy policy.

4. USAGE GUIDELINES

The Services are being offered to USER for USER's personal use. USER agrees to use the Services only to book reservations at participating Restaurants and then honor those reservations by arriving at the Restaurant(s) on time and ordering and paying for a meal. USER further agrees not to book more than one (1) reservation for USER's personal use during any one meal time (e.g., lunch, dinner, etc.). USER may be able to book multiple reservations through EZResOnline's Administrative Assistant and/or Concierge programs. Resale or attempted resale of reservations is prohibited, and is grounds for, among other things, cancellation. EZResOnline expressly reserves all its rights and remedies under applicable law. Any and all other uses which are unlawful or in violation of this Agreement's terms and conditions are prohibited. EZResOnline reserves the right, in its sole discretion, to refuse service, terminate accounts, remove or edit content, or cancel reservations.

5. EMAIL POLICY

You may receive periodic emails from EZResOnline if you opted to receive such email at the time of registration with the EZResOnline Site. If you would rather not receive email from EZResOnline, please send an email to unsubscribe@ezresonline.com and you will be unsubscribed from receiving further mailings. USER acknowledges and agrees, however, that USER will still receive reservation confirmation emails, no-show confirmation emails, reservation change confirmation emails, reservation cancelation confirmation emails and other emails relating to reservations booked by USER through the EZResOnline Site, even if USER has opted not to receive periodic email from EZResOnline. While you cannot unsubscribe from all service messages, you may select not to receive future diner-feedback invitation emails by following the "unsubscribe" instructions provided. You will never receive email from any third party affiliated with EZResOnline, such as a Restaurant, unless you have affirmatively opted to receive such email. In accordance with our Privacy Policy, we do not share any of your individual information without your prior consent.

6. INTELLECTUAL PROPERTY AND GRANT OF RIGHTS TO USER

The materials and services provided for and depicted on the EZResOnline Site are protected by copyright, trademark, patent and other intellectual property laws. All text, graphics, video, data or other content on the EZResOnline Site ("EZResOnline Content") is provided to USER by EZResOnline for the sole purpose of using the Services. USER shall not copy, display, modify, create derivative works of, publish, or sell the EZResOnline Content or any information, software, or services provided by EZResOnline hereunder. The EZResOnline Content may be modified from time to time by EZResOnline in its sole discretion. Except as expressly set forth herein, no license is granted to USER for any other purpose, and any other use of the Services or the EZResOnline Content by USER shall constitute a material breach of this Agreement. Nothing in this Agreement shall affect any rights of EZResOnline or its licensors in the Services or EZResOnline Content, and any associated patents, trademarks, copyrights, mask work rights, trade secrets or other intellectual property rights. No license, right or interest in any trademarks of EZResOnline or any third party is granted under this Agreement. Nothing in this Agreement shall affect any rights of EZResOnline or its licensors in the Services or EZResOnline Content, and any associated patents, trademarks, copyrights, mask work rights, trade secrets or other intellectual property rights. No license, right or interest in any trademarks of EZResOnline or any third party is granted under this Agreement.

7. REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

At EZResOnline’s invitation, USER may submit reviews, comments, and ratings, send e-mails and other communications; and submit suggestions, ideas, comments, questions, or other information for publication and distribution to restaurants and other third parties, so long as the content is not illegal, threatening, obscene, racist, defamatory, libelous, pornographic, infringing of intellectual property rights, promoting of illegal activity or harm to groups and/or individuals, invasive of privacy, purposely false or otherwise injurious to third parties or objectionable and does not consist of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of "spam" or references to illegal activity, malpractice, purposeful overcharging, false advertising or health code violations (e.g., foreign objects in food, food poisoning, etc.). You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. EZResOnline reserves the right (but not the obligation) to remove or edit such content, but may not regularly review submitted content. If you do submit material, and unless we indicate otherwise, you grant EZResOnline a nonexclusive, perpetual, royalty-free, irrevocable, and fully sublicensable right to use, modify, reproduce, adapt, translate, publish, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify EZResOnline for all claims resulting from content you supply. EZResOnline has the right but not the obligation to monitor and edit or remove any activity or content, including but not limited to content that violates the standards of this website, as determined by EZResOnline in its sole discretion. EZResOnline takes no responsibility and assumes no liability for any content submitted by you or any third party.

8. ACCESS AND INTERFERENCE

Much of the information on the EZResOnline Site is updated on a real time basis and is proprietary or licensed to EZResOnline by its Restaurants or third parties. By using the EZResOnline Site, you agree not to:

  • Use any robot, spider, scraper or other automatic device, process or means to access the EZResOnline Site for any purpose without EZResOnline’s express written permission.
  • Take any action that imposes or may impose (in EZResOnline’s sole discretion) an unreasonable or disproportionately large load on our infrastructure.
  • Implement any manual processes to monitor or copy EZResOnline Content from the EZResOnline Site without express written permission.
  • Utilize any device, software or routine that will interfere or attempt to interfere with the functionality of the EZResOnline Site.
  • You must have JavaScript enabled to use this site. Portions of the EZResOnline Site, including but not limited to: making, modifying or canceling reservations, may not be accessible with JavaScript disabled.

9. LIABILITY LIMITATIONS

IN NO EVENT SHALL EZRESONLINE BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH (I) ANY USE OF THE SERVICES, THE EZResOnline SITE OR THE EZRESONLINE CONTENT, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF THE SERVICES OR THE EZRESONLINE SITE FOR RESERVATIONS), OR (III) THE PERFORMANCE OR NON-PERFORMANCE OF ANY RESTAURANT IN CONNECTION WITH THE SERVICES. IN ADDITION, ALL USERS SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING USERS TO THE EZRESONLINE SITE BY REFERRAL, LINK OR ANY OTHER MEANS IS NOT LIABLE TO USER FOR ANY REASON WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE SERVICES, THE EZRESONLINE SITE OR THE EZRESONLINE CONTENT. EZRESONLINE IS NEITHER AN AGENT OF NOR IS CONNECTED WITH ANY AFFILIATED RESTAURANT IN WHICH A USER HAS MADE A RESERVATION. ASIDE FROM THE SERVICES PROVIDED ON THE EZResOnline SITE. EZRESONLINE IS NOT LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH A USER’S VISIT TO AN AFFILIATED RESTAURANT.

10. DISCLAIMER OF WARRANTY

THE INFORMATION, PROGRAMS, PRODUCTS, AND MATERIALS CONTAINED IN OR ACCESSED ON THE EZRESONLINE SITE, INCLUDING, WITHOUT LIMITATION, THE SERVICES AND THE EZRESONLINE CONTENT, ARE PROVIDED TO USER ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. EZRESONLINE DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICES, THE EZRESONLINE SITE, THE EZRESONLINE CONTENT AND RELATED MATERIALS PROVIDED HEREUNDER INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING.

11. LINKS TO THIRD PARTY SITES

The EZResOnline Site may contain hypertext links to Web sites operated by parties other than EZResOnline. Such hypertext links are provided for USER's reference only and EZResOnline does not control such Web sites and is not responsible for their content. EZResOnline's inclusion of any hypertext links to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators.

12. SEVERABILITY

If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.

13. NO ASSIGNMENT

This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by USER, but may be so transferred, assigned or delegated by EZResOnline.

14. WAIVER

Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.

15. CHOICE OF LAW

The Terms of Use is made under and shall be governed by and construed in accordance with the laws of Aruba, Dutch Caribbean, without giving effect to any principles that provide for the application of the law of another jurisdiction.

REVISION DATE: March 15, 2012