Terms of Service
Last updated: August 30, 2017
Welcome to INHOUSE. INHOUSE provides a private membership network (the “INHOUSE Network”) for participating restaurants (the “Restaurant Partners” or “you”) and valued guests who are members of the network (the “Members” or “you”). The website at https://www.inhousenewyork.com/ and any other websites relating to the INHOUSE Network (the “Sites”), and the mobile applications (the “Applications”) and the various other related services, features, functions, software, applications, websites and networks (together with the Sites, the Applications and the INHOUSE Network, collectively the “INHOUSE Services”) are provided and operated, and are being made available to you and the other Members, Restaurant Partners and the other users of any of the INHOUSE Services (collectively, “Users”) by In House LLC (“INHOUSE”, “us” or “we”). All defined terms used herein shall have the meanings prescribed to these terms in these Terms of Service.
These Terms contain an Arbitration provision, which will, with limited exception, require you to submit disputes you have against INHOUSE to binding and final arbitration. You will only be permitted to pursue claims against INHOUSE on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
To access and use the Sites, the Applications, the INHOUSE Network and the other INHOUSE Services, you must be at least 18 years of age. BY CLICKING THE “I AGREE” BUTTON, BY DOWNLOADING, INSTALLING OR OTHERWISE ACCESSING OR USING ANY OF THE INHOUSE SERVICES, YOU REPRESENT THAT:
- YOU SATISFY THE ELIGIBILITY REQUIREMENTS AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE SITES, THE APPLICATIONS, THE INHOUSE NETWORK OR ANY OF THE OTHER INHOUSE SERVICES;
- YOU CONFIRM THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH INHOUSE;
- YOU WILL COMPLY WITH THESE TERMS AND ALL APPLICABLE LOCAL, STATE, NATIONAL AND INTERNATIONAL LAWS, RULES AND REGULATIONS; AND
- YOU ARE NOT A COMPETITOR OF INHOUSE AND DO NOT INTEND TO USE ANY OF THE INHOUSE SERVICES FOR REASONS THAT ARE IN COMPETITION WITH INHOUSE OR OTHERWISE TO REPLICATE SOME OR ALL OF THE INHOUSE SERVICES FOR ANY REASON.
- Description of INHOUSE Services.
INHOUSE is a private membership network for our Restaurant Partners and Members.
As a Member, there are a variety of unique benefits, including:
- Priority reservations at all Restaurant Partners
- Reservation assistance with restaurants that are not partners in the INHOUSE Network (the “Non-Restaurant Partners” and together with the Restaurant Partners, collectively, the “Restaurants”))
- Assurances that all Restaurant Partners will endeavor to accommodate member dining preferences and personnel issues
- Invitations to special events that are curated by INHOUSE
All of the current benefits of the INHOUSE Network for Members can be found at https://inhousenewyork.com.
We want to make sure that you have the best dining experience possible so if have any issues at any Restaurant, please contact us as soon as possible at email@example.com. Please provide as much detail as possible.
You are (a) solely responsible for your interactions with any Restaurants at which you dine, including the payment of all bills and (b) expected to treat all waiters and other staff at the Restaurants respectively. Remember, when you are dining out as a Member, you represent not only yourself but INHOUSE and all of the other Members.
3.2 FOR RESTAURANT PARTNERS
As a Restaurant Partner, there are a variety of unique benefits, including:
- Shared dining information – allowing restaurants to better receive and welcome Members to their dining rooms.
- Participation in a community of like-minded, ambitious peer restaurants, and being able to reward the loyalty of regular guests through invitations to join the INHOUSE Network.
- Participation in INHOUSE Industry: a similar platform that provides Sous Chef, Maitre D’ and Management teams with recommendations, reservations and a roundtable program
All of the current benefits of the INHOUSE Network for Restaurant Partners can be found at https://inhousenewyork.com.
We respect all of our Restaurant Partners and want them to continue as partners of the INHOUSE Network so if you any questions or concerns regarding any of our Members or anything else, please contact us as soon as possible at firstname.lastname@example.org. Please provide as much detail as possible.
- License Grant; Unauthorized Use.
4.1 LICENSE GRANT
Subject to your compliance with all of the terms and conditions set out in these Terms, INHOUSE hereby grants to you a limited, non-exclusive, non-transferable, freely revocable license to (a) to install and use the Applications on your mobile and other devices and (b) to access and use the Sites, the INHOUSE Network and the other INHOUSE Services to the extent and in accordance with these Terms.
You will be notified of updates to our mobile Application from the app store from which you downloaded our mobile Application (the “App Store”). You may be able to adjust your device’s settings or take other actions that would allow automatic updates from your applicable App Store.
4.2 PREVENTION OF UNAUTHORIZED USE
INHOUSE reserves the right to exercise whatever lawful means it deems necessary to prevent the circumvention or unauthorized use of any of the INHOUSE Services, including, but not limited to, technological barriers, IP mapping, and directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
- Applications and Use of the INHOUSE Services
To become a Member, you must be invited to join. Typically, our Members have been selected by one of our Restaurant Partners to be invited to join.
Once you have been invited, you must complete INHOUSE’s application form.
As part of the application process, you must provide a valid credit card that will be used solely to pay any Fees, including the Membership Fees (as changed from time to time, the “Credit Card”). You may change the Credit Card that you want to be used in connection with the INHOUSE Services but INHOUSE must always have a valid Credit Card available for the payment of all amounts due under these Terms, including the Membership Fees. By agreeing to these Terms, you authorize INHOUSE to charge the Credit Card for all such amounts due in connection with the INHOUSE Services.
You agree to (1) provide true, accurate, current, and complete information about yourself in the INHOUSE application form (“Application Data”), and (2) maintain and promptly update the Application Data to keep it true, accurate, current and complete. You are responsible for all activities that occur under your account. If you provide any information that is untrue, inaccurate, not current, or incomplete, or INHOUSE has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, INHOUSE has the right to suspend or terminate your membership and refuse any and all current or future use of the INHOUSE Network and/or any of the other INHOUSE Services.
5.2 RESTAURANT PARTNER
Restaurant Partners are selected by INHOUSE (1) based on their shared values towards hospitality and exceptional kitchen and dining room teams and (2) with an eye towards diversity based on atmosphere, cuisine, location and temperament.
RESTAURANT PARTNERS ARE STRICTLY PROHIBITED FROM DISCRIMINATING ON THE BASIS OF RACE, COLOR, ETHNICITY, NATIONAL ORIGIN, RELIGION, SEXUAL ORIENTATION, GENDER IDENTITY OR MARITAL STATUS.
5.3 INHOUSE’S ROLE
INHOUSE is responsible for creating, growing and supporting a community of the best restaurants and best dining guests in New York City and other places through the INHOUSE Network. INHOUSE is not, however, responsible for any interaction between any Member and any Restaurant Partner, including the payment of any bills.
- Fees, Payments and Refunds.
(a) Fees. To file an application to become a member of INHOUSE, there are no fees.
If your application is accepted and you decide to become a Member, you will be required to pay the membership fees (the “Membership Fees”). The current Membership Fees can be found can be found at https://inhousenewyork.com/
Your membership shall automatically renew at the end of the applicable term unless you notify INHOUSE thirty (30) days prior to the end of the such term. You are required to pay the applicable Membership Fees upon the renewal of your membership.
(b) Taxes. To the extent that any sales or other similar taxes are payable by INHOUSE, or any Payment Processor in connection with the INHOUSE Network or the other INHOUSE Services, you shall be obligated to pay to In House, or any such Payment Processor the amount of such taxes in addition to any other amounts owing to In House.
(c) Future Services. In paying the Membership Fees, you acknowledge and agree that you are not relying on future availability of the INHOUSE Network of any of the other INHOUSE Services.
6.2 RESTAURANT PARTNERS
There are no fees to become and be a Restaurant Partner.
6.3 Modification to the Membership Fees.
Subject to Section 10, INHOUSE may modify the Membership Fees and any other fees in connection with any of the INHOUSE Services (as modified from time to time, collectively, the “Fees”) in its sole discretion.
6.4 PAYMENT AND TAXES
(a) Members shall pay the Membership Fees in accordance with these Terms and as otherwise required by INHOUSE.
Your Membership Fees shall be automatically charged to your Credit Card upon the renewal of your membership unless you terminated your membership in accordance with Section 6.1.
(b) Unless otherwise agreed by INHOUSE, all Fees shall be paid through a third-party payment processor directed by INHOUSE (e.g., Stripe, etc.) (any such third-party payment processor, the “Payment Processor”). Payment processing services for Members are currently provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (as modified from time to time, collectively, the “Stripe Services Agreement”). By agreeing to these Terms or continuing to use any of the INHOUSE Services, you agree to be bound by the Stripe Services Agreement. As a condition of INHOUSE’s enabling payment processing services through a Payment Processor, you agree to provide INHOUSE accurate and complete information about you, your Credit Card and such other information required by the Payment Processor, and you authorize INHOUSE to share it and any relevant transaction information related to your use of the payment processing services provided by the Payment Processor.
6.5 CHANGES IN FEES AND BILLING METHODS
INHOUSE reserves the right at any time to change any of its Fees (including to begin charging for services that it is currently providing free of charge) and billing methods, immediately after providing notice through a pop-up or banner within any of the INHOUSE Services, by sending an email to any address you may have used to apply for membership, or through other similar mechanisms.
ALL FEES, INCLUDING THE MEMBERSHIP FEES ARE NON-REFUNDABLE, NON-CANCELLABLE AND NON-CREDITABLE UNLESS REQUIRED BY LAW OR AS OTHERWISE AGREED BY INHOUSE IN ITS SOLE DISCRETION.
- Additional Policies.
When being a member of the INHOUSE Network or using any of the other INHOUSE Services, you will be subject to any additional posted policies, guidelines or rules applicable to the Sites, the Applications, the INHOUSE Network and the other INHOUSE Services and features which may be posted from time to time (the “Policies”). All such Policies are hereby incorporated by reference into these Terms.
- Respecting other People’s Rights.
INHOUSE respects the rights of others and so should you. You therefore may not post or send content that:
- violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual property right;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by INHOUSE in its sole discretion;
- is false, misleading, untruthful or inaccurate;
- includes anyone’s identification documents or sensitive financial information
- impersonates any person or entity, including any other Member or Restaurant Partner; or
- spams or solicits any Users, including any Restaurant Partners or other Members.
- Account Security.
When you access and use any of the INHOUSE Services, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and mobile devices, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to INHOUSE on your application and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times.
If you change or deactivate the email that you used to create an INHOUSE account, you must update your account information within 72 hours to prevent INHOUSE from sending to someone else messages intended for you.
If at any time you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any payment information, if applicable), then you shall immediately notify INHOUSE at email@example.com. You may be liable for the losses incurred by INHOUSE or others due to any unauthorized use of your account or any of the INHOUSE Services.
- Modification of these Terms.
INHOUSE reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms to the Sites, the Applications, the INHOUSE Network or any of the other INHOUSE Services. If INHOUSE updates these Terms, it will update the “last updated” date at the top of the Terms. Please check these Terms, including any Policies, periodically for changes. Your continued use of the INHOUSE Services after the posting of changes constitutes your binding acceptance of such changes. In the event that a change to these Terms materially modifies your rights or obligations (including applicable fees), INHOUSE will make reasonable efforts to notify you of such change. INHOUSE may provide notice through a pop-up or banner within any of the INHOUSE Services, by sending an email to any address you may have used to apply for membership, or through other similar mechanisms. Additionally, if the changed Terms materially modify your rights or obligations, INHOUSE may require you to provide consent by accepting the changed Terms. If INHOUSE requires your acceptance of the changed Terms, changes are effective only after your acceptance. For all other changes, except as stated elsewhere by INHOUSE, such amended Terms or fees will automatically be effective, replacing the previously-effective Terms or fees, thirty (30) days after they are initially posted on any of the INHOUSE Services. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE INHOUSE NETWORK AND ALL INHOUSE SERVICES.
To the extent that any modifications to the Terms or Policies are not allowed under applicable laws, the prior most recent version of the Terms or Policies shall continue to apply.
- Digital Millennium Copyright Act.
It is INHOUSE’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. For more information, please go to INHOUSE’s DMCA Notification Guidelines at https://inhousenewyork.com/dmca. If you file a notice with our copyright agent, it must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). INHOUSE reserves the right to terminate without notice any User’s access to the Sites, the Applications, the INHOUSE Network and the other INHOUSE Services if that User is determined by INHOUSE to be a “repeat infringer.” In addition, INHOUSE accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
- Prohibited Conduct.
BY BEING A MEMBER OR RESTAURANT PARTNER OF THE INHOUSE NETWORK OR USING ANY OF THE INHOUSE SERVICES YOU AGREE NOT TO:
12.1 Decipher, decompile, disassemble, reverse engineer, modify, translate, reverse engineer or otherwise attempt to derive source code, algorithms, tags, specifications, architectures, structures or other elements of any of the INHOUSE Services, in whole or in part (except to the extent that the laws of your jurisdiction make such restrictions unenforceable);
12.2 Use any of the INHOUSE Services for the benefit of anyone other than yourself except in accordance with these Terms, including selling, reselling or distributing, in whole or in part, any of the INHOUSE Services, or using the INHOUSE Network as part of a service bureau or outsourcing offering
12.3 Provide any services to any third party using any of the INHOUSE Services except in accordance with these Terms;
12.4 Provide any services, directly or indirectly, that are similar to, or based on, the INHOUSE Services or any other program based upon any of the INHOUSE Services;
12.5 Reproduce (except as expressly permitted herein), modify, adapt, translate or otherwise make any changes to any of the INHOUSE Services or any part thereof;
12.6 Copy, disclose, or distribute any data or other information available on any of the INHOUSE Services, including any Restaurant Partner or Member information, in any medium, including without limitation, by any automated or non-automated “scraping;”
12.7 Interfere with, circumvent or disable any security or other technological features or measures of any of the INHOUSE Services or attempt to gain unauthorized access to any of the INHOUSE Services or its related systems or networks;
12.8 Make unsolicited offers, advertisements, or proposals, or send junk mail or spam to other Users (including Members and Restaurant Partners) of any of the INHOUSE Services (including, but not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures);
12.9 Use bots or other automated methods to: access any of the INHOUSE Services, download profiles, contacts or any other information, send or redirect messages or perform any other activities through any of the INHOUSE Services;
12.10 Take any action that INHOUSE determines, in its sole discretion, imposes or may impose, an unreasonable or disproportionately large load on its infrastructure;
12.11 Upload invalid data, viruses, worms or other software agents through the Sites, the Applications and/or any of the other INHOUSE Services;
12.13 Impersonate any person or entity, use a fictitious name, or misrepresent your affiliation with a person or entity;
12.14 Use any of the INHOUSE Services for any unlawful or inappropriate activities, such as gambling, obscenity, pornography, violence, transmission of deceptive messages, or harassment;
12.15 Collect or harvest any personally identifiable information from the INHOUSE Services, except as expressly permitted by the features of the applicable INHOUSE Services; or
12.16 Use the INHOUSE Services for any commercial solicitation purposes.
- Third-Party Sites.
The INHOUSE Services may include links or references to other web sites or services (“Third-Party Sites”) solely as a convenience to Users. These services may include restaurants and special events. INHOUSE does not endorse any such Third-Party Sites or the services, information, materials, products, or services contained on or accessible through Third-Party Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through any of the INHOUSE Services are solely between you and such advertiser. Access and use of Third-Party Sites, including the information, materials, products, and services on or available through Third-Party Sites are solely at your own risk.
- Mobile and Data Charges.
You are responsible for any mobile and data charges that you may incur for using any of the INHOUSE Services, including text-messaging charges. If you’re unsure what those charges may be, you should ask your service provider before using the INHOUSE Network or any of the other INHOUSE Services.
You agree that INHOUSE, in its sole discretion, for any or no reason, and without penalty, may terminate your membership and your use of the INHOUSE Network or any of the other INHOUSE Services or any account (or any part thereof) you may have with INHOUSE and remove and discard all or any part of your account, user profile, and any information that you have previously provided, at any time. INHOUSE may also in its sole discretion and at any time discontinue providing access to the INHOUSE Network or any of the other INHOUSE Services, or any part thereof, with or without notice. You agree that any termination of your access to the INHOUSE Network or any of the other INHOUSE Services or any account you may have or portion thereof may be effected without prior notice, and you agree that INHOUSE will not be liable to you or any third party for any such termination. INHOUSE reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing INHOUSE to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies INHOUSE may have at law or in equity. As discussed herein, INHOUSE does not permit copyright infringing activities on the Sites, the Applications, the INHOUSE Network or any of the other INHOUSE Services, and shall be permitted to terminate access to any of the INHOUSE Services, and remove all content submitted by any Users who are found to be repeat infringers. BY ACCEPTING THESE TERMS, YOU WAIVE AND SHALL HOLD INHOUSE HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY INHOUSE DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER INHOUSE OR LAW ENFORCEMENT AUTHORITIES.
Your only remedy with respect to any dissatisfaction with (i) your membership, (ii) the Sites, the Applications, the INHOUSE Network or any of the other INHOUSE Services, (iii) any term of these Terms or (iii) any policy or practice of INHOUSE in operating the Sites, the Applications, the INHOUSE Network or the other INHOUSE Services, is to terminate your membership and your use of the INHOUSE Network and all of the other INHOUSE Services. You may terminate your use of the INHOUSE Network and all of the other INHOUSE Services and your membership at any time. Unless otherwise approved by INHOUSE in its sole discretion, there shall be no refund of any Fees, including any Membership Fees, paid prior to such termination. After such termination, you must refrain from use of the INHOUSE Network and the other INHOUSE Services until authorized by INHOUSE.
- Ownership; Proprietary Rights.
The Sites, the Applications, the INHOUSE Network and the other INHOUSE Services are owned and operated by INHOUSE. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of these INHOUSE Services provided by INHOUSE (the “Materials”) 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. Except for any content that are provided and owned by Users, all Materials contained on any of the INHOUSE Services are the property of INHOUSE or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to INHOUSE or its affiliates and/or third-party licensors. Except as expressly authorized by INHOUSE, 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 Materials. INHOUSE reserves all rights not expressly granted in these Terms.
INHOUSE shall own and have the unrestricted right to use or act upon any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the INHOUSE Network or any of the other INHOUSE Services.
You agree to indemnify, save, and hold INHOUSE, its affiliated companies, contractors, Members, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Sites, the Applications, the INHOUSE Network or any of the other INHOUSE Services, any violation by you of these Terms, any breach of the representations, warranties, and covenants made by you herein. INHOUSE reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify INHOUSE, and you agree to cooperate with INHOUSE’s defense of these claims. INHOUSE will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
- No Warranties; Disclaimers.
18.1 NO WARRANTIES.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INHOUSE AND ITS AFFILIATES, CONTRACTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, THIRD-PARTY PARTNERS, LICENSORS AND SUPPLIERS (COLLECTIVELY, THE “INHOUSE PARTIES”) DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED WITH RESPECT TO THE SITES, THE APPLICATIONS, THE INHOUSE NETWORK AND THE OTHER INHOUSE SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, INHOUSE PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, THAT THE SITES, THE APPLICATIONS, THE INHOUSE NETWORK OR THE OTHER INHOUSE SERVICES, WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY INTENDED RESULTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE INHOUSE PARTIES OR THROUGH THE SITES, THE APPLICATIONS, THE INHOUSE NETWORK OR THE OTHER INHOUSE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
18.2 “AS IS” AND “AS AVAILABLE” AND “WITH ALL FAULTS”.
YOU EXPRESSLY AGREE THAT THE USE OF ANY OF THE INHOUSE SERVICES, AND ANY DATA, ASSESSMENTS, RESULTS, INFORMATION, THIRD-PARTY SOFTWARE, CONTENT, THIRD-PARTY SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH ANY OF THE INHOUSE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
18.3 NETWORK OPERATION AND CONTENT.
THE INHOUSE PARTIES DO NOT WARRANT THAT THE DATA, ASSESSMENTS, RESULTS, CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH ANY OF THE INHOUSE SERVICES, OR ANY THIRD-PARTY SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
EXCEPT AS SPECIFICALLY PROVIDED IN WRITING BY INHOUSE, THE INHOUSE PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY OF THE INHOUSE SERVICES OR ANY THIRD-PARTY SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
18.5 HARM TO YOUR COMPUTER.
YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, ASSESSMENTS, RESULTS OR DATA THROUGH ANY OF THE INHOUSE SERVICES OR ANY THIRD-PARTY SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
- Limitation of Liability and Damages.
19.1 LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL THE INHOUSE PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS, ASSESSMENTS, RESULTS OR CONTENT ON THE SITES, THE APPLICATIONS, THE INHOUSE NETWORK OR THE OTHER INHOUSE SERVICES OR ANY THIRD-PARTY SITES, OR ANY OTHER INTERACTIONS WITH INHOUSE, A RESTAURANT PARTNER OR A MEMBER, EVEN IF INHOUSE OR AN INHOUSE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW 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, INHOUSE’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
19.2 LIMITATION OF DAMAGES.
IN NO EVENT WILL THE INHOUSE PARTIES’ TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITES, THE APPLICATIONS, THE INHOUSE NETWORK OR THE OTHER INHOUSE SERVICES, OR YOUR INTERACTION WITH RESTAURANT PARTNERS, MEMBERS AND OTHER USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE GREATER OF (A) TEN DOLLARS ($10) AND (B) THE AMOUNT PAID BY YOU, IF ANY, TO INHOUSE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.
19.3 RELEASE FOR DISPUTES BETWEEN USERS.
If you have a dispute with any other Users (including any Member or Restaurant Partner) or other third parties, you hereby release INHOUSE and the other INHOUSE Parties from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
19.4 THIRD-PARTY SITES.
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD-PARTY SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN INHOUSE AND RECEIVED THROUGH OR ADVERTISED ON ANY OF THE INHOUSE SERVICES OR RECEIVED THROUGH ANY THIRD-PARTY SITES.
19.5 BASIS OF THE BARGAIN.
YOU ACKNOWLEDGE AND AGREE THAT INHOUSE HAS OFFERED THE INHOUSE SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND INHOUSE, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND INHOUSE. INHOUSE WOULD NOT BE ABLE TO PROVIDE ANY OF THE INHOUSE SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
19.6 LIMITATIONS BY APPLICABLE LAW.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.
- United States Export Controls.
You agree not to import, export, re-export, or transfer, directly or indirectly, any part of the INHOUSE Services or any underlying intellectual property, information or technology except in full compliance with all United States, foreign and other applicable export control laws and regulations.
INHOUSE may provide you with notices, including those regarding changes to these Terms, by email, regular mail or postings on any of the INHOUSE Services. Notice will be deemed given twenty-four hours after the email is sent, unless INHOUSE is notified that the email address is invalid. Alternatively, INHOUSE may give you legal notice by mail to a postal address, if provided by you through any of the INHOUSE Services. In such case, notice will be deemed given three days after the date of mailing. Notices posted on any of the INHOUSE Services are deemed given 30 days following the initial posting.
The failure of INHOUSE to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by INHOUSE.
21.3 DISPUTE RESOLUTION.
If a dispute arises between you and INHOUSE, the goal is to provide you with a neutral and cost-effective method of resolving the dispute quickly. Accordingly, you and INHOUSE agree that any dispute, claim or controversy at law or equity that arises out of these Terms, the Sites, the Applications, the INHOUSE Network or the other INHOUSE Services (a “Dispute”) will be resolved in accordance with this Section 21.3 or as INHOUSE and you otherwise agree in writing. Before resorting to these dispute methods, INHOUSE strongly encourages you to first contact INHOUSE directly to seek a resolution.
(a) Choice of Law. These Terms shall be governed in all respects by the laws of the State of New York, without regard to its conflict of law provisions. EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION OR COUNTERCLAIM ARISING OUT OF OR RELATING TO ANY DISPUTE OR OTHERWISE IN CONNECTION WITH THESE TERMS OR ANY OF THE INHOUSE SERVICES.
(b) Arbitration and Class Action Waiver.
PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS.
(i) ARBITRATION. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND INHOUSE (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) IN CONNECTION WITH THESE TERMS OR ANY OF THE INHOUSE SERVICES, INCLUDING WITHOUT LIMITATION YOUR RIGHTS OF PRIVACY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND INHOUSE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. YOUR ARBITRATION FEES AND YOUR SHARE OF ARBITRATOR COMPENSATION SHALL BE GOVERNED BY SUCH RULES. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND INHOUSE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. YOU MAY BRING DISPUTES ONLY ON YOUR OWN BEHALF.
Neither you nor INHOUSE will participate in a class action or class-wide arbitration for any disputes covered by these Terms TO ARBITRATE. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST INHOUSE INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if INHOUSE is a party to the proceeding.
Any arbitration shall take place in New York County, New York and the number of arbitrators shall be one (1). Except as otherwise required by law, the parties and the arbitrator agree to keep confidential and not disclose to third parties any information or documents obtained in connection with the arbitration process, including the resolution of the Dispute.
This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms.
(ii) Judicial Forum for Disputes. In the event that the agreement to arbitrate under Section 21.3(b) is found not to apply to you or your claim, you and INHOUSE agree that any judicial proceeding (other than small claims actions) must be brought solely and exclusively in, and will be subject to the service of process and other applicable procedural rules of, the federal or state courts covering New York County, NY. Both you and INHOUSE irrevocably consent to venue and personal jurisdiction there. Notwithstanding the foregoing, INHOUSE may bring a claim for equitable relief in any court with proper jurisdiction.
(iii) This arbitration agreement will survive the termination of your membership, your use of any of the INHOUSE Services or your relationship with INHOUSE.
(c) 30 Day Right to Opt Out. Members have the right to opt-out and not be bound by the arbitration provisions set forth in this Section 21.3 above by sending written notice of your decision to opt-out to the INHOUSE contact information listed at the bottom of these Terms. The notice must be sent to INHOUSE within thirty (30) days of the commencement of your membership or agreeing to these Terms, otherwise you shall be bound to arbitrate disputes in accordance with the terms of this Section 21.3. If you opt-out of these arbitration provisions, however, we also will not be bound by them.
(d) Improperly Filed Claims. All claims you bring against INHOUSE must be resolved in accordance with this Section 21.3. All claims filed or brought contrary to this Section 21.3 shall be considered improperly filed. Should you file a claim contrary to this Section 21.3, INHOUSE may recover attorneys’ fees and costs up to $15,000, provided that INHOUSE has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
If any provision of these Terms (including any Policies) is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
These Terms and related Policies, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by INHOUSE without restriction. Any assignment attempted to be made in violation of these Terms shall be void.
Upon termination of these Terms, your use of the Sites, the Applications, the INHOUSE Network or any of the other INHOUSE Services or your relationship with INHOUSE, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 1, 2, and 6 – 21.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
21.8 ENTIRE AGREEMENT.
21.9 NO AGENCY.
No agency, partnership, joint venture, Member-Restaurant Partner or franchiser-franchisee relationship is intended or created by these Terms.
21.10 GEOGRAPHIC RESTRICTIONS
INHOUSE is based in the state of New York in the United States. INHOUSE makes no claims that any of the INHOUSE Services or any of the content is accessible or appropriate outside of the United States. Access to the Sites, the Applications, the INHOUSE Network or any of the other INHOUSE Services may not be legal by certain persons or in certain countries. If you access any of these INHOUSE Services, you do so on your own initiative and are responsible for compliance with local laws and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against INHOUSE with respect thereto.
21.11. ELECTRONIC COMMUNICATIONS
The communications between you and INHOUSE use electronic means, whether you visit the Site or the INHOUSE Services or send INHOUSE e-mails, or whether INHOUSE posts notices on the Site or INHOUSE Services or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from INHOUSE in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that INHOUSE provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. The foregoing does not affect your statutory rights.
The Sites, the Applications, the INHOUSE Network and the other INHOUSE Services are offered by INHOUSE located at: 64 Allen St, Apt 2, New York, NY, 10002 and email: firstname.lastname@example.org.
If you are a California resident, you may have this same information emailed to you by sending a letter to In House LLC, 64 Allen St, Apt 2, New York, NY, 10002 with your email address and a request for this information.
California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
© 2017 In House LLC