Updated: March 5, 2018
Welcome and thank you for your interest in SevenRooms (“SevenRooms“). SevenRooms facilitates the creation and management of online reservations with restaurants and other hospitality locations (each, a “Location”) through its website, www.sevenrooms.com (the “Site”), mobile applications, widgets that integrate with Location websites or third parties that provide reservation management or related services, and other websites owned and operated by SevenRooms (collectively, the “Service“). Certain aspects of the Service are only available to Locations and their authorized representatives (“Registered Users”), and any reference in this terms of service to Registered Users only apply to such users and Locations. Access to the Service by Registered Users is governed by separate agreements between SevenRooms and each such Location. These Terms apply to visitors to the Site and use of the Services, whether directly or indirectly, by individuals making reservations with Locations (each, a “Guest” or “you” and its derivatives).
PLEASE NOTE THAT SECTION 17 OF THESE TERMS REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES ARISING OUT OF THESE TERMS OR RELATED TO THE SERVICE, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IF THERE IS SUCH A DISPUTE.
1. Acceptance of the Terms.
2. Reservation Services.
SevenRooms provides the Service to enable Guests to make online reservations at participating Locations. To make a reservation, you will have to provide your name, phone number, and email address, along with other information that may be required by the Location. By providing your email address, you agree to receive information about your reservation via email. All reservations are subject to the availability of the Locations for your specified time, date and party, and are not confirmed until you have received a confirmation email. Some Locations may require that you provide your credit card to make a reservation, for example, if the reservation is for a large party or a special event. Some Locations or experiences offered at those Locations may require a pre-payment.
3. No-Show Policy.
You must adhere to each Location’s reservation and cancellation policy. If the Location does not provide such a policy, SevenRooms requires that you provide at least 30 minutes notice of the cancellation of a reservation made through the Service, either by contacting the Location directly or through the Service. You may dispute any no-show by contacting the Location. The final determination of a no-show will be made by the Location at its sole discretion.
4. Location No-Show and Cancellation Fees.
6. Use of the Service.
To use the Service, you must be at least 18 years old and have not previously been removed or suspended from the Service for any reason.
7. Account Information & Responsibilities Of Registered Users.
This Section 7 applies only to Registered Users to the extent that it does not conflict with any agreement between SevenRooms and the applicable Location.
In order to register for the Service and receive information about your use of the Service, you will have to create an account. You represent and warrant that the information you provide to SevenRooms upon registration and at all other times will be true, accurate, current, and complete, and that you will keep such information accurate and up-to-date at all times.
As a Registered User, you will have login information, including a username and password. You may not share your account information with, or allow access to your account by, any third party. You are responsible for all activity that occurs under your access credentials. If You have any reason to believe that your credentials have been compromised or your account has been accessed by a third party, you will immediately notify SevenRooms at firstname.lastname@example.org. You are solely responsible for your own losses or losses incurred by SevenRooms and others (including other users) due to any unauthorized use of your account.
8. Ownership; Proprietary Rights.
The Service is owned and operated by SevenRooms. The visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of the Service (“SevenRooms Content“) are protected by United States and international copyright, trade dress, patent, trademark, and all other relevant intellectual property and proprietary rights and applicable laws. All SevenRooms Content is the copyrighted property of SevenRooms or its subsidiaries or affiliated companies and/or licensors. All trademarks, service marks, and trade names are proprietary to SevenRooms or its affiliates and/or third parties. You will not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Services or SevenRooms Content, and nothing herein grants you any right or license under any intellectual property rights of SevenRooms or any third party beyond the limited rights to access the Service to make or manage reservations with Locations. If you submit User Content via the Service, you grant SevenRooms 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 User Content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to your User Content; that the User Content is accurate; and that use of your User Content does not violate these Terms and will not cause injury to any person or entity. You will indemnify SevenRooms for all claims resulting from your User Content. SevenRooms has the right, but not the obligation, to monitor and edit or remove any User Content in its sole discretion. SevenRooms takes no responsibility and assumes no liability for any User Content.
The Service is made available strictly for your personal use, and you agree to honor any reservations made through the Service by arriving to the Location at the time specified in your reservation and paying the bill in full. You agree not to make more than one (1) reservation through the Service for any given period of time. Resale or attempted resale of any reservation is prohibited. You will not to use the Service for any unlawful purpose or in any way that might harm, damage, or disparage any other party. Without limiting the proceeding sentence, you agree that you will not do or attempt to:
a. Modify, create derivative works of, translate, reverse engineer, decompile, disassemble or hack the Service, SevenRooms Content, User Content, or any elements thereof, except and solely to the extent permitted by law, or otherwise attempt to use or access any of the Service other than as intended;
b. Reproduce, duplicate, copy, sell, trade, resell, distribute or exploit any part of the Service, use of the Service, access to the Site, or content obtained through the Service for any purpose other than for your personal, noncommercial purposes, except and solely to the extent permitted by these Terms;
c. Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Service, features that prevent or restrict the use or copying of any part of the Service, or features that enforce limitations on the use of the Service or any content therein;
d. Use any robot, spider, scraper, or other automated means to access or scrape the Service, except by bona-fide search engines periodically indexing the Service as part of a process of indexing sites and services available on the internet generally;
e. Frame or otherwise enclose any SevenRooms trademark or any portion of the Service in any other site or service for any purpose without our express written permission;
f. Threaten, harass, abuse, slander, defame or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
g. Publish, distribute or disseminate any inappropriate, profane, vulgar, defamatory, infringing, obscene, tortious, indecent, unlawful, offensive, immoral or otherwise objectionable material or information;
h. Create a false identity or impersonate another individual, including by providing misleading information in any reviews or to any feedback or rating system employed through the Service;
i. Transmit or upload any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious software programs;
j. Interfere with or disrupt the Service, networks or servers connected to the Service, or violate the regulations, policies or procedures of such networks or servers;
k. Upload or otherwise transmit any information or content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, including by incorporating any such material in Your User Content, whether by posting such material to the Site or otherwise; or
l. Use the Service in any manner that violates any federal, state or local laws, rules or regulations, or the rights of any third party.
10. Modification of the Terms.
SevenRooms may update or modify the Terms at any time without prior notice. These Terms will identify the date of last update. Your use of the Service following any such change constitutes your agreement to be bound by the modified Terms. In the case of material changes to the Terms, SevenRooms will make reasonable efforts to notify you of the change, such as through sending an email to any address you may have used to register for an account, through a pop-up window on the Site, or other similar mechanism. Material changes to these Terms will be effective upon the earlier of (i) Your first use of the Service with actual notice of such change, or (ii) 30 days from posting of such change. Disputes arising under these Terms will be resolved in accordance with the version of the Terms in place at the time the dispute arose. We encourage you to check this page frequently to stay informed of the latest modifications.
11. Third Party Content.
The Services may contain links to third-party websites (“Third Party Websites”) and applications (“Third Party Applications” and, collectively with Third Party Websites, “Third Party Content”) including, without limitation, links to Location websites. When you click on a link to Third Party Content, we will not warn you that you have left the Services and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third Party Content and sites are not under the control of SevenRooms, and SevenRooms is not responsible for such content or sites. SevenRooms provides Third Party Content only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Content. You use all Third Party Content at your own risk. You should review applicable terms and policies, including privacy and data gathering practices, of any Third Party Websites or Third Party Applications, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
SevenRooms, in its sole discretion and for any reason or no reason, may terminate your access to the Service, discontinue the Service, or terminate any license or permission granted to you hereunder, at any time, with or without notice. SevenRooms will not be liable to you or any third-party for any such termination. Without limiting the foregoing, SevenRooms may suspend or terminate your account if you are a “no-show” to three or more reservations within a one (1) year period, as set forth in Section 3. SevenRooms may terminate your access in cases of actual or suspected fraud, or violations of these Terms or other laws or regulations, and any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies SevenRooms may have at law or in equity.
If You are dissatisfied with the Service, then please let us know by e-mailing us at email@example.com. Your only remedy with respect to any dissatisfaction with (i) the Service, (ii) these Terms, (iii) any policy or practice of SevenRooms in operating the Service, or (iv) any content or information transmitted or made available through the Service, is to stop using the Service.
You agree to indemnify and hold harmless SevenRooms and its parent, subsidiaries, affiliates or any related companies, licensors and suppliers, and their respective directors, officers, employees, agents, representatives, and contractors, and other SevenRooms users who use any User Content you make available via the Service, from all damages, injuries, liabilities, costs, fees and expenses (including legal and accounting fees) arising from or in any way related to (i) your use or misuse of the Service (including Your use or misuse of Third Party Content); (ii) your User Content; (iii) your violation of these Terms; and (iv) your violation of the rights of any other person or entity, including claims that any User Content infringes or violates any third party intellectual property rights. SevenRooms may, at your expense, assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You may not settle any matter subject to indemnification under this Section without prior written consent from SevenRooms. SevenRooms will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
14. Disclaimer of Warranty.
THE SERVICE (INCLUDING, WITHOUT LIMITATION, THE SITE, SEVENROOMS CONTENT, AND ANY OTHER PRODUCT, SERVICE OR INFORMATION PROVIDED BY SEVENROOMS), USER CONTENT, THIRD-PARTY CONTENT, AND ANY OTHER SOFTWARE, SERVICES OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE, ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, “WITH ALL FAULTS” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SEVENROOMS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING, WITH RESPECT TO THE SERVICE.
15. Limitation of Liability.
IN NO EVENT WILL SEVENROOMS, ITS OFFICERS OR DIRECTORS, OR LOCATIONS BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH (I) YOUR VISIT TO A LOCATION (II) YOUR USE OF THE SERVICE, SEVENROOMS CONTENT, OR THE SITE; OR (III) THE COMPLIANCE OR NON-COMPLIANCE OF A LOCATION IN CONJUNCTION WITH THE SERVICE, WHETHER BASED IN TORT, CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF SEVENROOMS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL SEVENROOMS, ITS OFFICERS OR DIRECTORS, OR LOCATIONS BE LIABLE IN THE AGGREGATE FOR ANY DIRECT DAMAGES ARISING OUT OF THE SERVICE OR CLAIMED UNDER THESE TERMS GREATER THAN FIVE HUNDRED DOLLARS ($500).
APPLICABLE LAW MAY NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT SEVENROOMS’ LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU UNDERSTAND AND AGREE THAT SEVENROOMS WOULD NOT BE ABLE TO OFFER THE SERVICE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS WITHOUT THESE LIMITATIONS.
16. Dispute Resolution.
a. Governing Law. These Terms, for all purposes, will be governed and interpreted according to the laws of the State of New York, without giving effect to its conflicts of laws provisions that would require a different result.
b. Arbitration. Any dispute that may not be brought in small claims court will be resolved by binding and confidential arbitration conducted in the English language, in New York, New York, before one commercial arbitrator from the American Arbitration Association (“AAA”) with substantial experience in resolving commercial contract disputes and governed by the AAA’s Commercial Arbitration Rules (the “Rules”).
i. YOU ARE GIVING UP YOUR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY FOR ANY DISPUTE ARISING UNDER THESE TERMS, EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. YOU ARE ENTITLED TO A FAIR HEARING, BUT THE ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. ARBITRATOR DECISIONS ARE AS ENFORCEABLE AS ANY COURT ORDER AND ARE SUBJECT TO VERY LIMITED REVIEW BY A COURT.
ii. ANY CLAIMS BROUGHT BY EITHER PARTY MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF.
iii. You have the right to opt out of the provisions of this Section 16 (for purposes of this Section only, the “Arbitration Agreement”) requiring and governing arbitration by sending written notice of your decision to opt out to the following addresses: via email to firstname.lastname@example.org and via regular mail to SevenRooms, 127 West 24th St., 5th Fl., New York, NY 10011 within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your account username (if any), the email address you used to set up your account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you.
iv. Any arbitration award will be final and binding upon the parties without appeal or review except as permitted by State of New York law or United States federal law. Each party will bear its own costs with respect to the arbitration procedure.
v. Notwithstanding the foregoing, (1) either party may bring an individual action in small claims court, and (2) claims of (A) defamation, (B) violation of the Computer Fraud and Abuse Act, or (C) infringement or misappropriation of the other party’s intellectual property rights, may be exclusively brought in the state or federal courts located in New York County, New York. The parties agree to submit to the exclusive personal jurisdiction of such courts for such purpose. A request for equitable relief will not be deemed a waiver of the right to arbitrate.
c. Enforceability. With the exception of Section 16(b)(i), if any part of Section 16(b) is deemed to be invalid or unenforceable for any reason then the balance of Section 16(b) will remain in effect. If, however, Section 16(b)(i) is found to be invalid or unenforceable for any reason, or we receive a valid opt-out notice from you pursuant to Section 16(b)(iii), then Section 16(b) will be null and void, neither party will be entitled to arbitration, and any claims relating to the Terms or Service will be exclusively brought in a state or federal court located in New York County, New York.
SevenRooms may provide you with notices by mail, electronic mail, or postings on the Service or Site. You may provide SevenRooms with notices by United States Registered Mail sent to SevenRooms, 127 w. 24th Street, 5th Fl., NY, NY 10011. If notice is provided by email, notice will be deemed given twenty-four hours after email is sent, unless SevenRooms is notified that the email address is invalid. If notice is provided by posting through the Service, then notice will be deemed given upon such posting. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Service. In such case, notice will be deemed given three days after the date of mailing.
The Services are provided by:
122 w. 27th Street, 7th Floor
New York, NY 10001