TERMS OF SERVICE

TERMS OF SERVICE

This is the User Agreement (the "Agreement" or "User Agreement") for Bid Fine Dine, LLC d.b.a. Suits and Tables (the "Company”, “we”, “us”, “our”) which describes the terms and conditions related to your use of our services under the domain of SuitsandTables.com (the “Website” or the “Site”).

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS. ANY ATTEMPT TO ALTER, SUPPLEMENT, MODIFY, OR AMEND THIS AGREEMENT BY YOU WILL BE CONSIDERED AN ATTEMPTED MATERIAL ALTERATION OF THIS AGREEMENT AND SUCH ATTEMPTED MATERIAL ALTERATION IS THEREFORE NULL AND VOID.

YOU MUST READ, AGREE WITH AND ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS USER AGREEMENT AND THE PRIVACY POLICY, WHICH INCLUDE THOSE TERMS AND CONDITIONS EXPRESSLY SET OUT BELOW AND THOSE INCORPORATED BY REFERENCE. YOUR USE OF THE WEBSITE CONSTITUTES YOUR ASSENT TO THESE TERMS. NO CONDITIONS OTHER THAN THOSE SET FORTH HEREIN SHALL BE BINDING ON THE COMPANY, UNLESS SPECIFICALLY AGREED TO IN WRITING BY AN AUTHORIZED REPRESENTTIVE OF THE COMPANY. IF YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, PLEASEDO NOT ACCEPT THE TERMS AND USE THE WEBSITE.

WE MAY AMEND THIS AGREEMENT AT ANY TIME AND WITHOUT PRIOR NOTICE. IF WE MODIFY THE TERMS, WE WILL POST THE MODIFICATION ON THE SITE OR PROVIDE YOU WITH NOTICE OF THE MODIFICATION AND UPDATE THE “LAST UPDATED” CONTAINED AVOVE THE SUMMARY OF SERVICE BELOW. IF THOSE MODIFICATED TERMS ARE NOT ACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO SEASE USING THE SITE, ITS APPLICATION, AND ALL ASSOCAIATED SERVICES.


LAST UPDATED: JUNE 23RD, 2014

ELIGIBILITY

The Site, Application and Services are intended solely for persons who are 18 years of age or older. Further, in the case where alcohol may be consumed in relation from use of the Site, the User also represents he/she is of legal age. Any access to or use of the Site, Application or Services by anyone under the required age is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are of legal age for any services, contracts, or requests you obtain and execute through use of the Site.

SUMMARY OF SERVICE

Suits and Tables provides an online platform that connects Hosts capable of accommodating a need within the hospitality industry with Guests seeking to pay for such accommodations (collectively, the “Services”), for which those Services are accessible at www.suitsandtables.com, any other website(s) through which the Company makes the Services available (collectively, the “Site”), and as an application for mobile devices (the “Application”).

Assistance provided by the Company via the Website can be used to facilitate, but is not limited to, searching, identifying, booking services with either side of the transaction to book private or semi-private rooms within restaurants, venues, event space, entertainment space, hotels, stadiums, and public space (collectively, “Spaces” or “Locations”) listed on the website in relation to the hospitality industry. You may view the Site as an unregistered visitor; however, if you wish to book a Location or create a Listing, you must first register to create a Suits and Tables Account.

In practice, the Website acts as a marketplace allowing Hosts to sell their services. However, the Company is not a party to the actual transaction between User and Host. As a result, the Company has no control over the quality, safety or legality of the items or services advertised, the truth or accuracy of the listings, the ability of Hosts to sell items or provide services or the ability of Users to pay for such items or services. The Company does not ensure that a User or Host will actually complete a transaction and the Company shall not be liable for the failure to fulfill any obligation owed by User or Host to the other party.

PROPRIETARY RIGHTS

All trademarks, service marks, logos, trade names and any other proprietary designations of Suits and Tables used herein are trademarks or registered trademarks of Suits and Tables. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties. You acknowledge that the Company and its licensors own all right, title and interest, including without limitation all patent, copyright, trade secret, trademark and other proprietary rights, in and to the Website and the Service, all software and other technology used by the Company in providing the Website and the Service, and all data and information provided by the Company through or generated in connection with the Website and the Service (collectively, "Company IP"). You shall not acquire any right, title, or interest in or to the Website, the Service or Company IP, except as expressly set forth in these Terms nor are you granted any other rights, title or interest in the Website, the Service or Company IP without the express written permission of the Company.

COPYRIGHT POLICY

Suits and Tables respects copyright law and expects its users to do the same. It is the Company’s policy to terminate, in appropriate circumstances, the Suits and Tables Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

REGISTRATION AND USE

REGISTRATION AND ACCOUNT

To access some features on Suits and Tables, you are required to have an account with the Site. Use of another members account without permission is strictly prohibited. When creating your account, you must provide accurate and complete information and you are solely responsible for the activity that occurs on your account. Your account password must also be kept secured. If there is a breach of security or unauthorized use of your account, it is your responsibility to immediately notify the Company so we can address the security issue. You will be liable for any use made of your account or password and the losses of the Company or others due to such unauthorized use. The Company will not be liable for your losses caused by any unauthorized use of your account.

USE OF THE WEBSITE

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Collective Content. You further agree that you will only use the Website to make legitimate reservations and orders and shall not use the Website for any other purposes. Finally, you agree to use the Website for the purpose of making reservations or orders for an individual event or events on behalf of a person, business, company or governmental or non-profit entity by which you are employed or contracted for the purpose of planning such event(s) and for no other commercial purpose. In the event you make a reservation or place an order on behalf of another person or entity, you represent and warrant that you are authorized by that person or entity to do so. In connection with your use of the Site, Application, Services and Collective Content, you may not and you agree that you will not:
  • Use the Site, Application, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms;
  • Violate any local, state, provincial, national, or other law or regulation, or any order of a court without limitation;
  • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Offer, as a Host, any service that you do not yourself have permission to offer such services;
  • Book, as a User, a reservation or place an order for the same date, time and event with more than one Supplier for the same service;
  • Make speculative, false or fraudulent reservations or orders or any reservation or order in anticipation of demand or, except specifically authorized by the applicable Supplier, for purposes of re-selling the reservation;
  • Use manual or automated software, devices, scripts, robots or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Collective Content;
  • Copy, store or otherwise access any information contained on the Site, Application, Services or Collective Content for purposes not expressly permitted by these Terms;
  • Interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
  • Use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
  • Use our Site, Application, Services or Collective Content in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence;
  • "Stalk" or harass any other user of our Site, Application, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Suits and Tables Guest or Host;
  • Systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise; or
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content.
Suits and Tables has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.

SUITS AND TABLES ACCOUNT SUSPENSION, TERMINATION OR CANCELLATION

Through our own discretion and without liability to you, with or without cause, with or without prior notice and at any time, the Company may decide to limit, suspend, deactivate or cancel your Suits and Tables Account. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Suits and Tables Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Site, Application, Services, your Suits and Tables Account, your Member Content, or receive assistance from the Company’s Customer Service, (b) any pending or accepted future bookings as either Host or Guest will be immediately terminated, (c) we may communicate to your Guests or Hosts that a potential or confirmed booking has been cancelled, (d) we may refund your Guests or Hosts in full for any and all confirmed reservations, irrespective of preexisting cancellation policies, (e) we may contact your Guests to inform them about potential alternate Accommodations with other Hosts that may be available on the Site, Application and Services, and (f) you will not be entitled to any compensation for reservations or bookings (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of your Suits and Tables Account. A corporate user may cancel their Suits and Tables Account at any time by submitting a “cancel account” request to our Admin via email at admin@suitsandtables.com. A venue partner may cancel their Suits and Tables Account at any time by submitting a “cancel account” request to our Venue Partner contact via email at venuepartner@suitsandtables.com. Please note that if your User Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback.

FEES & SERVICES

Suits and Tables is a free service for its corporate users seeking a host within the hospitality industry. As a Vendor, you authorize Suits and Tables to charge your credit card for the amount required to make a reservation, which as been discussed in advance and is implicitly agreed to at the time of acceptance by selecting “I Agree” once a proposal has been accepted by a User. Suits and Tables also reserves the right to change, modify, amend its fees at anytime, or offer temporary promotions, when deemed appropriate. Please contact us at venuepartner@suitsandtables.com with any questions.

PAYMENT SERVICES

The Company uses and Braintree Payment Solutions, LLC as its third party service provider for payment services (e.g. card acceptance, merchant settlement, and related services). By making use of some or all of these payment services on the Company’s website, you agree to be bound by Braintree Payment Solutions, LLC's terms and conditions (available at https://www.braintreepayments.com/landing/gateway-terms-of-service along with its privacy policy https://www.braintreepayments.com/privacy) and hereby consent and authorize us to delegate the authorizations and share the information you provide to us with our Third Party Service Provider to the extent required to provide the Payment Services to you. Braintree Payment Solutions, LLC may also be contacted directly for payments support either by email at support@braintreepayments.com or by phone at +1 (877) 434-2894.

FEES & SERVICES

Suits and Tables is a free service for its corporate users seeking a host within the hospitality industry. As a Vendor, you authorize Suits and Tables to charge your credit card for the amount required to make a reservation, which as been discussed in advance and is implicitly agreed to at the time of acceptance by selecting “I Agree” once a proposal has been accepted by a User. Suits and Tables also reserves the right to change, modify, amend its fees at anytime, or offer temporary promotions, when deemed appropriate. Please contact us at venuepartner@suitsandtables.com with any questions.

REFUNDS

It is the responsibility of the Host to communicate its refund policy to Users and to issue refunds to Users via the Site or offline. If a User desires to request a refund, User must request the refund from its Host. All communications or disputes regarding refunds are between the Host and User and the Company will not be responsible or liable in any way for refunds, errors in issuing refunds, or lack of refunds in connection with the Services. All communications and disputes regarding chargebacks and refunds are between the Host and User and the Company will not be responsible or liable in any way for chargebacks in connection with a User’s use of the Services. If you are a User and you wish to request a refund in connection with an event listed on the Services, you should contact the applicable Supplier directly. However, if you are a Host and need to discuss a refund with the Company, please contact us at venuepartner@suitsandtables.com.

CANCELLATION

If you are unable to keep an order or reservation that you make through the Website, you must cancel your order or reservation in accordance with the applicable Host’s cancellation policy. In the event you cancel your order or reservation in accordance with the applicable Supplier’s cancellation policy, your Deposit will be refunded to you. In the event you cancel your order or reservation in violation of the applicable Supplier’s cancellation policy, your Deposit will be non-refundable.

FEEDBACK

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services (“Feedback”). You may submit Feedback by emailing us at admin@suitsandtables.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of Suits and Tables and you hereby irrevocably assign to Suits and Tables and agree to irrevocably assign to Suits and Tables all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Suits and Tables request and expense, you will execute documents and take such further acts as Suits and Tables may reasonably request to assist Suits and Tables to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

MEMBER CONTENT

We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application and Services, you hereby grant to Suits and Tables a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site, Application and Services. Suits and Tables does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.

You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to Suits and Tables the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Suits and Tables use of the Member Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

LIABILITY

The Company does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and the Company expressly disclaims any and all liability in connection with User Submissions.

LINKS

The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that Suits and Tables is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Suits and Tables of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.

Some portions of the Suits and Tables platform implement Google Maps services, including Google Maps API(s). Your use of Google Maps is subject to Google’s terms of use, located at, http://www.google.com/intl/en_us/help/terms_maps.html.

DISCLAIMERS

IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT AND PARTICIPATE IN THE REFERRAL PROGRAM, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT SUITS AND TABLES DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, GUESTS AND HOSTS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT AND REFERRAL PROGRAM ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. SUITS AND TABLES MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY ACCOMMODATIONS, OR THE REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. SUITS AND TABLES MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, ACCOMMODATIONS, YOUR ACCRUAL OF SUITS AND TABLES TRAVEL CREDITS OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, SERVICES OR REFERRAL PROGRAM.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SUITS AND TABLES OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY HOSTS OR GUESTS. YOU UNDERSTAND THAT SUITS AND TABLES DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY HOST LOCATIONS. SUITS AND TABLES MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, GUESTS AND HOSTS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY SUITS AND TABLES. SUITS AND TABLES EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY GUEST OR OTHER THIRD PARTY.

EXCLUSION OF WARRANTY

THE COMPANY AND ANY THIRD PARTY PROVIDERS AND DISTRIBUTORS MAKE NO WARRANTY OF ANY KIND REGARDING THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE SERVICE, CONTENT, INFORMATION, PROGRAMS, PRODUCTS AND MATERIALS PROVIDED ON THE WEBSITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY AND ANY THIRD PARTY PROVIDERS AND DISTRIBUTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, THE SITE, THE CONTENT AND RELATED MATERIALS PROVIDED HEREUNDER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. NEITHER THE COMPANY NOR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS WARRANT THAT THE WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM THE COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS, WHICH VARY FROM STATE TO STATE.

LIMITATION OF LIABILITY:

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY TRANSACTION VIA THE SITE, APPLICATION AND SERVICES, YOUR PARTICIPATION IN THE REFERRAL PROGRAM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF SUITS AND TABLES, WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER SUITS AND TABLES, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT OR THE REFERRAL PROGRAM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR LISTING OR BOOKING OF ANY SERVICES VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SUITS AND TABLES HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE HOSTS PURSUANT TO THESE TERMS OR AN APPROVED PAYMENT REQUEST UNDER THE SUITS AND TABLES HOST GUARANTEE, IN NO EVENT WILL SUITS AND TABLES AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY SERVICE VIA THE SITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM AND IN CONNECTION WITH ANY ACCOMMODATION OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE, APPLICATION AND SERVICES AS A USER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A HOST, THE AMOUNTS PAID BY SUITS TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US$100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SUITS AND TABLES AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

INDEMNITY:

You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

DISPUTES:

These Terms and Conditions shall be governed by the laws of the state of Illinois, United States of America, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in Chicago’s Cook County, in the state of Illinois, United States of America, in all questions and controversies arising out of your use of the Website and these Terms and Conditions. If the Company takes any action to enforce these Terms and Conditions, the Company will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorneys’ fees and any cost of litigation, in addition to any other relief, to which such parties may be entitled. You acknowledge that a violation or attempted violation of these Terms and Conditions will cause irreparable damage to the Company for which there will be no adequate remedy at law. Accordingly, you agree that the Company shall be entitled to an injunction restraining such violation or attempted violation of these Terms and Conditions by you, your affiliates, partners, or agents, as well as recover from you any and all costs and expenses sustained or incurred by the Company in obtaining such an injunction, including without limitation reasonable attorneys’ fees. You agree that no bond or other security shall be required in connection with such injunction.

GENERAL

Your acceptance of these Terms and Conditions and your use of the Website do not create a joint venture, partnership, employment, or agency relationship with the Company. Further, the failure of Suits and Tables to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Suits and Tables. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

CONTACT

If you have any questions on the Terms and Conditions listed herein, please contact us by email or mail.

By Mail: Level Office, 211 West Wacker Drive, Floor 3, Chicago, IL, 60606

By E-mail: admin@suitsandtables.com