Last Updated: 3/7/2014

Policy

- Diner Terms of Use

Welcome and thank you for your interest in SeatMe ("SeatMe").  SeatMe allows users to make online reservations at restaurants through its website located at www.seatme.com and other affiliated websites owned and operated by SeatMe (the Site, and any products and services provided by SeatMe, collectively referred to as the "Service").
  1. Acceptance of the Terms.  Please carefully read the following terms of use and all other rules and guidelines that we may communicate to you from time to time through the Service, including without limitation the additional policies identified in Section 2 (Additional Policies) below (collectively, the “Terms”), as these Terms create a binding legal contract between you and SeatMe.  By accessing the Site, or availing yourself of the Service in any manner, you (“You” or “User”) agree that you have read, understood, and agree to be bound by and comply with the Terms.  If at any time you do not agree to these Terms, you must immediately terminate your use of the Service.
  1. Reservation Services. SeatMe provides the Service to Users to enable Users to make online reservations at participating third-party restaurants (“Restaurants”). To make a reservation, you will be required to provide your name, phone number, and email address. By providing your email address, you consent to receive information about your reservation and other communications through the email address you have specified. All reservations are subject to the availability of the Restaurants for your specified time, date and party, and are not confirmed until you have received a confirmation email. Some restaurants may require that you provide your credit card to make a reservation, for example, if the reservation is for a large party or for special events. If the restaurant requires your credit card for your reservation, you will be asked to enter your credit card information during the reservation process.
  1. SeatMe's No-Show Policy.  In order to maintain the quality of the Services that we offer to all Users, SeatMe requires that you provide at least 30 minutes notice of the cancellation of a reservation made through the Service, which may be performed by contacting the restaurant directly or by doing so through the Service.   If you are unable to make your reservation and fail to cancel within the required time, SeatMe will send you an email notifying you that SeatMe’s records indicate that you were a no-show for that reservation.  You may dispute any no-show by contacting us at support@seatme.com or by contacting us through the Site.  The final determination of a no-show shall be made by SeatMe at its sole discretion. If you fail to provide us or the applicable Restaurant with the required notice to cancel three reservations within a one (1) year period, SeatMe may, at its sole discretion, suspend or terminate your account.
  1. Restaurant No-Show and Cancellation Fees. In the event that the Restaurant has a separate cancellation policy and has required that you provide a credit card to confirm your reservation, SeatMe will provide you with the Restaurant’s cancellation policy at the time of booking.  You agree that you will pay the applicable Restaurant cancellation or no-show fees for any cancellation or no-show not done in accordance with the terms of the Restaurant’s cancellation policy. You also agree that SeatMe may facilitate your payment to the Restaurant by charging the appropriate fee to the credit card you provided when making the applicable reservation.
  1. Additional Policies.  The following additional policies are incorporated herein by reference.  Please read them carefully.  Capitalized terms used, but not defined in a particular policy may be defined elsewhere in the Terms.
  1. Privacy Policy.  Your privacy is important to us.  Our Privacy Policy, which describes how we collect, use, and disclose information from you, is available here.
  2. Intellectual Property Policy.  If you provide any User Content (as defined below) to SeatMe, including any reviews or comments of restaurants, we require a license to such User Content.  Our Intellectual Property Policy, which describes the terms relating to your User Content and any steps SeatMe takes to address claims of infringing activity on the Service, is available here.
  3. Idea Submissions Policy.  Your feedback is important to us.  Our Idea Submissions Policy, which describes the terms on which your submissions are accepted, is available here.
  1. Accessing the Site. You must be an individual of at least 18 years old to use the Service, and have not previously been removed or suspended from the Service for any reason. By using the Service, you represent that you (i) are 18 years of age or older and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms, and (ii) have not previously been removed or suspended from the Service. Further, by using the Service or by making a reservation on the Service, you agree to abide by and comply fully with these Terms, and you agree and acknowledge that you are accepting the benefit of the Service, subject to these Terms.
  1. Account Information & Responsibilities Of Registered Users.
  1. Account Information.  In order to register for the Service and receive information about your use of the Service, you will have to create an account.  You hereby represent and warrant that the information you provide to SeatMe upon registration and, at all other times, will be true, accurate, current, and complete, and that you will ensure that such information is kept accurate and up-to-date at all times.  
  2. Access, Preservation and Disclosure of Information.  You acknowledge, consent and agree that SeatMe may access, preserve and disclose your account information and User Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary or in the interest of SeatMe or a third party to (a) comply with legal process; (b) enforce the Terms; (c) respond to a claim that any User Content violates the rights of third parties; (d) to respond to your requests for customer service; or (e) investigate or protect the rights, business interests, property or personal safety of SeatMe, its Users and the public.  To learn more about our policies with respect to the collection, use and disclosure of information, please review our Privacy Policy, available here.
  1. Password.  As a registered User, You will have login information, including a username and password.  Your account is personal to You, and You may not share Your account information with, or allow access to Your account by, any third party.  As You will be responsible for all activity that occurs under Your access credentials, You should preserve the confidentiality of Your username and password.  If You have any reason to believe that Your account information has been compromised or that Your account has been accessed by a third party, You agree to immediately notify SeatMe by e-mail to support@seatme.com.  You are solely responsible for Your own losses or losses incurred by SeatMe and others (including other users) due to any unauthorized use of Your account that occur prior to notifying SeatMe that Your account was compromised.
  1. Ownership; Proprietary Rights.  The Site is owned and operated by SeatMe.  The visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of the Site provided by SeatMe ("SeatMe Content") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws.  All SeatMe Content contained on the Site are the copyrighted property of SeatMe or its subsidiaries or affiliated companies and/or third parties.  All trademarks, service marks, and trade names are proprietary to SeatMe or its affiliates and/or third parties.  You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the SeatMe Content, and nothing herein shall be interpreted to grant you any right or license under any intellectual property rights of SeatMe or any third party.
  1. User Content and our Intellectual Property Policy.  The Service may currently or in the future may provide allow you and other users to submit, post, and share content such as reviews, restaurant lists, messages, commentary or any other content (“User Content”).  If you provide any User Content to SeatMe, including any reviews or comments of restaurants, we require a license to such User Content.  Our Intellectual Property Policy, which describes the terms relating to your User Content and any steps SeatMe takes to address claims of infringing activity on the Service, is available here.
  1. Prohibited Use Of The Service.  The Service offered by SeatMe is strictly for Your personal use, and You agree to honor any reservations made through the Service by arriving to the Restaurant at the time specified in your registration and paying the bill in full.  You further agree to not “double book” or make more than one (1) reservation through the Service for any given period of time.  Resale or attempted resale of any reservation is a violation of these Terms and is grounds for termination of Your account.  Notwithstanding the above, SeatMe reserves any other rights or remedies for any breach under applicable law. 
    You also agree 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, whether through the Service, your User Content (as defined in our Intellectual Property Policy, available here), or otherwise, do or attempt to:
  1. Undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Site, SeatMe Content, User Content, or any other part 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;
  2. 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 (including without limitation SeatMe Content, User Content, and Third Party Content (as defined below)), for any purpose other than for your personal, noncommercial purposes, except and solely to the extent permitted by these Terms;
  3. 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;
  4. Bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Service;
  5. Use any robot, spider, scraper, or other automated means of any kind 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, and in such a case solely in accordance with our Robots.txt file and any other posted guidelines;
  6. Frame or otherwise enclose any SeatMe trademark or any portion of the Service in any other site or service for any purpose without our express written permission;
  7. Threaten, harass, abuse, slander, defame or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  8. Publish, distribute or disseminate any inappropriate, profane, vulgar, defamatory, infringing, obscene, tortious, indecent, unlawful, offensive, immoral or otherwise objectionable material or information;
  9. Create a false identity or impersonate another for the purpose of misleading others as to the identity of the sender or the origin of a message, including, but not limited to, providing misleading information in any reviews or to any feedback or rating system employed through the Service;
  10. Transmit or upload any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious software programs;
  11. 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;
  12. 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
  13. Use the Site in any manner whatsoever that could lead to a violation of any federal, state or local laws, rules or regulations, or the rights of any third party.
  1. Location and Social Media Services.  The Service may currently or in the future offer features designed to help you share information with others, including in whole or in part based on your location or through social networks.  These features are strictly offered on an “opt-in” basis and no disclosure of such information will be made without your consent.  
  1. If you use certain features of the Service enabling you to share information with others using Facebook, Twitter, Google+, or other third party sites (each a “Social Networking Site”), you authorize SeatMe to share that information with the Social Networking Site.  If you have any questions on how the Social Networking Site may use your information, please review their policies.  
  2. SeatMe may customize your experience on the Service based on your location (“Location-based Features”).  For example, SeatMe may allow you to automatically be checked in on Foursquare or AroundMe (or other similar services) when you are seated at a Restaurant, permit you to share your location with other users of the Service, or customize our interface to provide you with Restaurants that that are near your current location.  
    In order to use Location-based Features you must allow the Service access to your localized position, which may be accessed through a variety of means, including, if available, GPS, Internet Protocol (“IP”) Address, cellular tower, and/or other location identifiers now known or later developed.  If you choose to disable Location-based Features, you will not be able to utilize certain features of the Service.  By authorizing SeatMe to access your location, you agree and acknowledge that (i) any device data we collect from you in connection with the Service is directly relevant to your use of the Service and (ii) SeatMe may provide Location-based Features related to your then-current location for the duration of your browser session.  You acknowledge and agree that SeatMe does not guarantee the accuracy of any location information, including your location information or the location information of other users of the Service, and your use of any Location-based Features is at your sole risk.
  1. Modification of the Terms.  SeatMe reserves the right to update or modify the Terms at any time without prior notice, and such changes will be effective immediately upon being posted through the Service.  These Terms will identify the date of last update.  Your use of any Service following any such change constitutes your agreement to be bound by the modified Terms of Use.  In the case of material changes to the Terms, SeatMe 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 review these Terms frequently to stay informed of the latest modifications.
  1. Third Party Content and Links.  The Service may contain references or links to third-party materials and services (including, without limitation, links to Restaurant websites) not controlled by SeatMe or its suppliers or licensors.  SeatMe provides such information and links as a convenience to you and should not be considered endorsements or recommendations of such sites or any content, products or information offered on such sites.  You acknowledge and agree that SeatMe is not responsible for any aspect of the information or content contained in any third party materials or on any third party sites accessible or linked from the Service.  
  1. Termination.
  1. By SeatMe.SeatMe, in its sole discretion and for any reason or no reason, may terminate Your account on the Service, disable your access to the Service (or any part thereof), discontinue the Service and any related services, or terminate any license or permission granted to you hereunder, at any time, with or without notice. You agree that SeatMe shall not be liable to you or any third-party for any such termination. In particular, SeatMe reserves the right to 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. Without limiting the generality of the foregoing, SeatMe may terminate Your account 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 SeatMe may have at law or in equity.
  2. By You.  If you are dissatisfied with the Service, then please let us know by e-mailing us at support@seatme.com.  Your only remedy with respect to any dissatisfaction with (i) the Service, (ii) any of these Terms, (iii) any policy or practice of SeatMe in operating the Service, or (iv) any content or information transmitted or made available through the Service, is to terminate your use of the Service.  You may terminate your use by closing your account and discontinuing your use of any and all parts of the Service, or by providing SeatMe with notice of termination at support@seatme.com.
  3. Survival.  Upon termination of these Terms, any provision or policy which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Section 5.B (Access, Preservation and Disclosure of Information), Section 6 (Password), Section 7 (Ownership), Section 8 (User Content and our Intellectual property Policy), Section 13 (Termination), Section 14 (Indemnity), Section 15 (Disclaimers), Section 16 (Limitation of Liability), Section 17 (Limitations; Basis of the Bargain), Section 18 (Dispute Resolution), Section 20 (Miscellaneous), the Privacy Policy, Intellectual Property Policy, and Idea Submissions Policy.
  1. Indemnity.  You agree to indemnify and hold harmless SeatMe and its parent, subsidiaries, affiliates or any related companies, licensors and suppliers, and their respective directors, officers, employees, agents, representatives, and contractors, and other SeatMe users who use any User Content You upload to the Site or other users, from all damages, injuries, liabilities, costs, fees and expenses (including, but not limited to, 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 breach or other violation of these Terms including any representations, warranties and covenants herein; (iv) your violation of the rights of any other person or entity, including, but not limited to claims that any User Content infringes or violates any third party intellectual property rights.  SeatMe reserves the right, at your expense, to 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 without the prior written consent from SeatMe.  SeatMe will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
  1. Disclaimers.  THE SERVICE (INCLUDING, WITHOUT LIMITATION, THE SITE, SEATME CONTENT, OR ANY OTHER PRODUCT, SERVICE OR INFORMATION PROVIDED BY SEATME), 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, SEATME 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 PRODUCTS OR SERVICES PROVIDED BY SEATME.
  1. Limitation of Liability.  IN NO EVENT WILL SEATME, ITS OFFICERS OR DIRECTORS, OR RESTAURANTS, BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH (I) YOUR VISIT TO A RESTAURANT THROUGH THE SERVICE (II) YOUR USER OF THE SERVICE, SEATME CONTENT, OR THE SITE; (III) THE USE OR ACCESS OF OR INABILITY TO USE OR ACCESS THE SERVICE, ANY CONTEN; OR (IV) THE COMPLIANCE OR NON-COMPLIANCE OF A RESTAURANT IN CONJUNCTION WITH THE SERVICES,  INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE, WHETHER BASED IN TORT, CONTRACT OR OTHER LEGAL THEORY, EVEN IF SEATME IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT WILL SEATME, ITS OFFICERS OR DIRECTORS, OR RESTAURANTS BE LIABLE IN THE AGGREGATE FOR ANY DAMAGES INCURRED GREATER THAN FIVE HUNDRED DOLLARS ($500).
  1. Limitations; Basis of the Bargain.  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 BECAUSE SUCH WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND SEATME, AND ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND SEATME, SEATME’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.  YOU UNDERSTAND AND AGREE THAT SEATME WOULD NOT BE ABLE TO OFFER THE SERVICE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS WITHOUT THESE LIMITATIONS.
  1. Dispute Resolution.  We are committed to providing you a means of resolving disputes that arise between you and SeatMe quickly and cost effectively.  Accordingly, you and SeatMe agree that we will resolve any claim or dispute that arises out of this Agreement or in connection with your use of the Service (a "Claim") in accordance with one of the subsections below.  As in many circumstances we are able to resolve disputes with users amicably, we strongly encourage you to first contact us directly to seek a resolution before escalating to one of the options below.  We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
  1. Law and Forum for Disputes.  This Agreement shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions.  You agree that any claim or dispute you may have against SeatMe must be resolved exclusively by a state or federal court located in San Francisco, California, except as described in the Arbitration Option paragraph below.  You agree to submit to the personal jurisdiction of the courts located within San Francisco, California for the purpose of litigating all Claims that arise between you and SeatMe.
  2. Arbitration Option.  For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000 and not filed on behalf of a putative class, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration.  The parties shall split any costs and expenses in connection with the Arbitration.  In the event a party elects arbitration, the dispute shall be resolved through binding non-appearance-based arbitration through the American Arbitration Association (“AAA”), and in accordance with the AAA’s Commercial Arbitration Rules available online at http://www.adr.org.  Notwithstanding the foregoing, AAA and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.  The parties may apply to any court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary, without breach of this “Arbitration Option” subsection and without any abridgment of the powers of the arbitrators.
  3. Improperly Filed Claims.  All claims you bring against SeatMe must be resolved in accordance with this Dispute Resolution Section. All claims filed or brought contrary to the Dispute Resolution Section shall be considered improperly filed. Should you file a claim contrary to the Dispute Resolution Section, SeatMe may recover attorneys' fees and costs up to $1000, provided that SeatMe has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
  1. Notices.  SeatMe may provide you with notices by mail, electronic mail, or postings on the Service.  You may provide SeatMe with notices by United States Registered Mail sent to SeatMe, LLC, 140 New Montgomery Street, San Francisco, CA 94105.  If notice is provided by electronic mail, notice will be deemed given twenty-four hours after electronic mail is sent, unless SeatMe is notified that the electronic mail 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.
  1. Miscellaneous.  This is the entire agreement between you and SeatMe relating to the subject matter herein, and supersedes all previous communications, representations, understandings and agreements, either oral or written, between you and SeatMe with respect to said subject matter.  These Terms shall not be modified or waived except in a writing signed by both parties, or by a change to these Terms as provided in the Section 17 (“Modification of the Terms”), above.  In the event any of the provisions of these Terms are held unenforceable or invalid by a court of competent jurisdiction, such provisions shall be deemed severed, and the remaining provisions thereof shall remain in full force and effect.  The failure of SeatMe to enforce, in any one or more instances, any of the provisions herein shall not be construed as a waiver of the prior or future performance of any such terms or conditions.  You agree that no joint venture, partnership, employment, or agency relationship exists between you and SeatMe as a result of these Terms or use of the Service.  You further acknowledge that by submitting User Content, no confidential, fiduciary, contractually implied, or other relationship is created between you and SeatMe other than pursuant to these Terms.  The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by SeatMe without restriction, including by operation of law, merger, reincorporation, recapitalization, or sale of all or substantially all of the assets to which this agreement pertains.  Any assignment attempted to be made in violation of these Terms shall be void.  The headings and captions in this Agreement are used for convenience only and are not to be considered in interpreting this Agreement.
The services hereunder are offered by:
SeatMe, LLC
140 New Montgomery Street
San Francisco, CA 94105
support@seatme.com
If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your electronic mail address and a request for this information.