Legal
Terms of Service
Last updated: January 5th, 2023
These Terms of Service (as updated from time to time, “Terms”) between “you” and BentoBox CMS, Inc. (together with its affiliates, “BentoBox,” “we,” “us,” or “our”) govern your access and use of our website located at http://www.getbento.com/ (the “Website”) and our Reservations & Waitlist platform (“the Platform”) (the Website and the Platform are collectively the “Services”). You agree to be bound by these Terms of Service and our Privacy Policy (currently located at http://www.getbento.com/privacy/) if you use the Services. If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to the Terms, and, in such event, “you” and “your” will refer and apply to that company or other legal entity. If you do not agree to these Terms, you may not use the Services.
In addition to the Services, BentoBox provides you access to our proprietary platform (the “Platform”), subject to the terms and conditions of the Platform Subscription Agreement between you and BentoBox.
Capitalized terms not defined in these Terms of Service shall have the meaning set forth in our Privacy Policy, or Platform Subscription Agreement, as applicable.
THE “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” SECTIONS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
1. ELIGIBILITY
The Services are available to individuals aged 18 years or older. If you are 18 or older, but under the age of majority in your jurisdiction, you should review these Terms with your parent or guardian to make sure that you and your parent or guardian understand it.
2. COMMUNITY GUIDELINES
By accessing or using the Services, you agree that:
You will comply with all applicable laws in your use of the Services, and you will not use the Services for any unlawful purpose;
You will not access or use the Services to collect any market research for a competing business;
You will not make available any content that:
infringes any copyright, trademark, or other proprietary rights of any person or entity; or
is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, invasive of another’s privacy, or promotes violence; or
discloses any personal information about another person, including that person’s name,
contains an e-mail address, postal address, phone number, credit card information, or any similar information;
You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
You will not stalk, threaten, or otherwise harass another person;
You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Services, directly or indirectly, except for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file;
You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure;
You will not cover, obscure, block, or in any way interfere with any safety features on the Services; and
You will not interfere with or attempt to interrupt the proper operation of the Services through any means.
You will inform us of any inappropriate content of which you become aware. We reserve the right, in our sole and absolute discretion, to deny you (or any device) access to the Services, without notice.
3. USE OF PERSONAL INFORMATION
Your use of the Services may involve the transmission to us of certain Personal Information. Our policies with respect to the collection and use of such Personal Information are governed according to our Privacy Policy, which is hereby incorporated by reference in its entirety.
4. INTELLECTUAL PROPERTY
The Services contain materials provided by or on behalf of BentoBox (collectively referred to as the “Content”). The Content may be owned by us or by third parties, and is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under the Terms. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
If you violate any part of this the Terms, your permission to access and/or use the Content and the Services automatically terminates, and you must immediately destroy any copies you have made of the Content.
The trademarks, service marks, and logos of BentoBox (“BentoBox Trademarks”) used and displayed on the Services are registered and unregistered trademarks or service marks of BentoBox CMS, Inc. Other company, product, and service names located on the Services may be trademarks or service marks owned by others (the “Third-Party Trademarks”, and, collectively with BentoBox Trademarks, the “Trademarks”). Nothing on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of BentoBox Trademarks inures to our benefit.
Elements of the Services are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.
5. COMMUNICATIONS TO BENTOBOX
Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. We shall be free to use any ideas, concepts, know-how, feedback, or techniques you provide to us for any purpose, including the development, production, and marketing of other products and services.
6. NO WARRANTIES/LIMITATION OF LIABILITY
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND BENTOBOX DOES NOT MAKE ANY WARRANTIES WITH RESPECT TO THE SAME OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT. BENTOBOX HEREBY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ERROR-FREE OR UNINTERRUPTED OPERATION, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
WE SHALL NOT BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY, OR OTHER LEGAL THEORY FOR ANY INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR A PARTY WAS ADVISED THEY WERE POSSIBLE. ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE SERVICES, OR THE CONTENT SHALL BE LIMITED TO $100. SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.
WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE SERVICES. WE MAY MAKE CHANGES, TO THE SERVICES AT ANY TIME WITHOUT NOTICE.
7. EXTERNAL SITES
The Services may contain links to third-party Services (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all Servicess to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
8. INDEMNIFICATION
You agree to defend, indemnify, and hold BentoBox, its affiliates, and their respective shareholders, members, officers, directors, employees, agents, and representatives harmless from and against any and all claims, actions, or demands and relating costs, damages and liability (including, without limitation, reasonable attorneys’ fees) arising or resulting from: (i) your breach of these Terms; (ii) your use of the Services or the Content in violation of these Terms; or (iii) your violation of any third-party right, including without limitation any intellectual property, or privacy right.
9. COMPLIANCE WITH APPLICABLE LAWS
The Services is based in the United States. We make no claims concerning whether Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Services, or the Content from outside of the United States, you do so at your own risk. You are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
10. TERMINATION OF THE TERMS
We may, in our sole discretion, restrict, suspend, or terminate these Terms and your access to the Services, at any time and for any reason without prior notice or liability. We may change, suspend, or discontinue all or any part of the Services at any time without prior notice or liability.
11. DIGITAL MILLENNIUM COPYRIGHT ACT
BentoBox respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content or customer submissions deemed to have been posted or distributed in violation of any such laws.
Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:
Michael Best & Friedrich LLP
Attn: Emily Haas (DMCA BentoBox)
4509 Creedmoor Road, Suite 501
Raleigh, NC 27612
In addition to mailing the notification to the address above, an additional copy may be sent by email to [email protected]. Make sure you include "DMCA BentoBox" in the subject line.
If you believe that your work has been copied on the Services in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Services where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
12. BINDING ARBITRATION
In the event of a dispute arising under or relating to this these Terms or the Services (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. Nothing in this Agreement will prevent BentoBox from seeking injunctive relief in any court of competent jurisdiction as necessary to protect BentoBox’s proprietary interests.
13. CLASS ACTION WAIVER
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you, individually. To the extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
13. CONFIDENTIALITY
You shall safeguard all confidential information we supply or otherwise make accessible to you (including these Terms) using a reasonable degree of care. You shall only use our confidential information for the purposes of these Terms and shall not disclose our confidential information to any person, except as we may agree in advance and in writing. At our request, you shall return to us or destroy all of our confidential information in your possession or control.
You agree that breach of the restrictions on use or disclosure of our confidential information would result in immediate and irreparable harm to us, and money damages would be inadequate to compensate for that harm. We shall be entitled to equitable relief, in addition to all other available remedies, to redress any breach.
You may submit comments or ideas about the Services, including about how to improve the Services. By submitting any idea, you agree that: (a) we expressly disclaim any confidentiality obligations or use restrictions, express or implied, with respect to any idea; (b) your submission will be non-confidential; and (c) we are free to use and disclose any idea on an unrestricted basis without notifying or compensating you. You release us from all liability and obligations that may arise from our receipt, review, use or disclosure of any portion of any idea.
14. MISCELLANEOUS
Sections 4, 5, 6, 8, 9, 10, 12, 13, 14, and 15 will survive any termination of these Terms: You may not assign these Terms. No waiver shall be effective unless in writing. Neither the course of conduct between parties nor trade practice shall act to modify any provision of the Terms. This Terms shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to its principles of conflicts of laws. Except for proceedings commenced by BentoBox to protect its intellectual property or confidential information which may be brought in any court of competent jurisdiction, the parties mutually agree that any and all disputes arising hereunder shall be resolved exclusively by state or federal courts located in the State of New York. Our failure to act on or enforce any provision of the Terms shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. These Terms contain the entire agreement of the parties concerning their subject matter, and supersedes all existing agreements and all other oral, written or other communication between the parties concerning the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. These Terms will inure to the benefit of our successors, assigns, licensees, and sublicensees.
15. RESERVATIONS
You may accept reservations from consumers (each, a Reservation) via the Services.
If you accept a Reservation, you must send confirmation to the consumer using only the Personal Information provided to you by the consumer. Reservations you accept are Confirmed Reservations.
Any modifications of Confirmed Reservation will be subject to your acceptance. Consumers may modify or cancel Confirmed Reservations not less than 30 minutes before the scheduled Reservation time.
You may cancel a Confirmed Reservation if the consumer arrives at your location after the scheduled time of the Confirmed Reservation.
We will not be liable to you for any modifications or cancellations of Confirmed Reservations, or your use of a consumer’s Personal Information.
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