User Terms and Conditions

This online booking service ("ReServe Q") is operated by Efficient Frontiers Inc. d/b/a ReServe Interactive (referred to herein as "ReServe Interactive", "we", "us" or "our"). These terms and conditions (the "User Terms") will govern your use of ReServe Q, which is provided to you by ReServe Interactive on behalf of merchants in the ReServe Q network, either via the website of the merchant with whom you are booking (a "Merchant") or via the website of one of our third party booking partners (a "Booking Partner"). These User Terms constitute the entire agreement between you and ReServe Interactive regarding the use of and access to ReServe Q.

Your use of ReServe Q is expressly conditioned on your accepting and agreeing to the user terms.

Bookings

The services you reserve via ReServe Q are provided to you by the Merchant directly, and not by ReServe Interactive. By using ReServe Q you are entering into a direct contract with a Merchant, and ReServe Interactive is not a party to such contract and will not be bound thereby.

Users of ReServe Q must have sufficient legal capacity and accept full and complete responsibility for all transactions entered into with a Merchant, financial or otherwise. ReServe Interactive is not responsible for the truth and/or accuracy of any information provided to or by a Merchant. Users of ReServe Q are responsible for payment to the Merchant at the time services are rendered.

Using ReServe Q to make a booking at a Merchant constitutes an offer to such Merchant to accept the booking. The booking is not complete and binding on the Merchant until a confirmation from the Merchant accepting the booking has been received by you. To cancel the booking, the hypertext link in the confirmation email may be used or the Merchant may be contacted directly. Contact information for a Merchant is contained in the confirmation email. A copy of the confirmation email should be brought when appearing to fulfill a booking.

Failure to appear at the reserved time with the reserved party size may result in being charged a cancellation, "no-show," or other fee by the Merchant. The decision whether to charge a fee is entirely at the discretion of the Merchant, and ReServe Interactive shall have no responsibility or liability for any such fees.

ReServe Interactive reserves the right at any time and for any reason, without prior notification, to cancel a booking and/or terminate, restrict, or suspend access to ReServe Q, or any portion thereof, upon the occurrence or suspicion of misuse of ReServe Q or a breach of these User Terms.

Any questions or concerns in connection with a booking should be addressed directly with the Merchant.

Additional Terms

Use of a Merchant or Booking Partner website and other services and products provided by Merchants and Booking Partners may be subject to additional terms and conditions imposed by such Merchants and/or Booking Partners. Those terms and conditions will be in addition to, not a replacement for, these User Terms. Such additional terms and conditions should be read before using the websites and/or purchasing the services or products provided by Merchants and/or Booking Partners.

Personal Information

Information submitted in connection with use of ReServe Q, including name, email address, phone number, mailing address, booking details, and any other personal or biographical information supplied ("User Information"), will be used in accordance with these User Terms and, where applicable, the terms of any privacy policy provided by the Merchant and/or Booking Partner. ReServe Interactive is not responsible for the accuracy or maintenance of any information or data. Upon authorization by you, Reserve Interactive may market and distribute your User Information for special offer and other marketing purposes.

Confirmation and other information related to a booking will be communicated via email and/or text message, and ReServe Interactive may use all User Information provided by you for such communication purposes. In addition, if accepted at the time of booking, information and special offers regarding future bookings, products, or offers provided by the Merchant and/or the Booking Partner may be communicated from time to time.

ReServe Interactive is not subject to any obligations of confidentiality regarding any information submitted, except as otherwise specified in these User Terms or required by applicable law.

ReServe Interactive Intellectual Property

ReServe Interactive is, and will continue to be, the sole and exclusive owner of all right, title and interest in and to all rights existing from time to time, whether known or unknown, under patent, copyright, trademark, trade secret, unfair competition, moral rights and any and all other proprietary rights associated with ReServe Q, and ReServe Interactive’s proprietary technology, source code, software, tools and technical documentation licensed by or otherwise provided by ReServe Interactive to you and used in connection with ReServe Q, including without limitation any technology, methods or processes in any way related to the generation or recording of bookings (collectively, "ReServe Interactive Intellectual Property"). Except as otherwise expressly provided in these User Terms, no right, title or interest in any ReServe Interactive Intellectual Property is transferred or otherwise licensed to you.

ReServe Interactive and ReServe Q are trademarks of Efficient Frontiers, Inc. All other trademarks referred to or appearing on ReServe Q are owned by their respective owners. No permission is given for the use of any trademarks by any person, and such use may constitute an infringement of ReServe Interactive rights or the rights of the applicable owner.

Restrictions on Use

ReServe Q may not be used in any manner which is contrary to any applicable law or which could cause any aspect of ReServe Q to be interrupted, damaged, rendered less effective, overburdened or otherwise impaired.

You may not store, modify, reproduce, transmit, reverse engineer or distribute any portion of ReServe Q, or the design or layout of ReServe Q or individual sections of it, in any form or media. The systematic retrieval of data from ReServe Q is also prohibited.

The commercial use, reproduction, transmission or distribution of any information, software or other material available through ReServe Q without the prior written consent of ReServe Interactive is strictly prohibited.

Links

ReServe Q may provide links to various other websites. ReServe Interactive does not control or endorse such websites and is not responsible for their content or the accuracy or reliability of any information, data, opinions, advice, or statements contained within such websites. Please read the terms and conditions or terms of use policies of any other company or website linked to or from ReServe Q. These User Terms apply only to ReServe Q and the products and services offered by ReServe Q. Access to any third party site is made at your own risk. ReServe Interactive reserves the right to terminate any link or linking program at any time. ReServe Interactive disclaims all warranties, express and implied, as to the accuracy, validity, legality or otherwise, of any materials or information contained on such sites.

Availability

Access to ReServe Q is permitted on a temporary basis, and ReServe Interactive reserves the right to withdraw or amend access to ReServe Q without notice. To the extent permitted by law, ReServe Interactive disclaims responsibility and liability for any interruption or lack of availability of ReServe Q. Additionally, ReServe Interactive is not responsible for any technical and other arrangements necessary to access ReServe Q. All persons accessing ReServe Q through the same internet connection account are deemed to be aware of these User Terms and have agreed to be bound by them.

Security

While ReServe Interactive endeavors to maintain the highest standards of security, the transmission of information via the internet is inherently insecure and ReServe Interactive does not guaranty the security of any data transmitted to ReServe Q. All transmissions of data are made at the sender’s own risk. ReServe Interactive agrees to strictly comply with security procedures to prevent unauthorized access of personal information.

Cookies

ReServe Q utilizes "cookies" and web server logs to collect information about how ReServe Q is used. Information gathered via cookies and web server logs may include the date and time of visits, pages viewed, the amount of time spent using ReServe Q, and the websites visited immediately before and immediately after use of ReServe Q. While cookies do not allow ReServe Interactive to gather any personal information, ReServe Interactive reserves the right to store any personal information provided in cookies.

Spamming

Gathering email addresses from ReServe Q through harvesting or automated means is prohibited. Posting or transmitting unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to other users of ReServe Q is prohibited.

No Warranties

RESERVE Q AND ITS CONTENT IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, OR NON-INFRINGEMENT, ALL OF WHICH RESERVE INTERACTIVE EXPRESSLY DISCLAIMS. RESERVE INTERACTIVE DOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE CONTENT OF RESERVE Q, AND RESERVE INTERACTIVE WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OF OR DELAY IN UPDATING RESERVE Q OR ITS CONTENT. RESERVE INTERACTIVE HAS NO DUTY TO UPDATE RESERVE Q. RESERVE INTERACTIVE MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF RESERVE Q WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING RESERVE Q AND USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS.

THIS WARRANTY DISCLAIMER MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY RESERVE INTERACTIVE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

Limitation of Liability

YOUR USE OF RESERVE Q IS AT YOUR OWN RISK. RESERVE INTERACTIVE SPECIFICALLY DISCLAIMS ANY AND ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF, OR RELIANCE ON, RESERVE Q, ITS CONTENT OR THE SERVICES PROVIDED (OR NOT PROVIDED) BY THE MERCHANTS AND/OR BOOKING PARTNERS (EVEN IF RESERVE INTERACTIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO RESERVE Q OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO RESERVE Q OR ITS CONTENT.

THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY RESERVE INTERACTIVE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.

Indemnification

You agree to fully protect, indemnify and defend ReServe Interactive and all of its agents, officers, directors, shareholders, partners, employees, licensees, vendors and suppliers, and each of their successors and assigns (collectively, "Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to attorneys' fees and costs, based upon or arising in any manner out of, in connection with, in the course of, incidental to any breach or violation of this Agreement, including, without limitation, any representations, warranties, covenants or obligations herein.

Changes

ReServe Interactive reserves the right at any time to vary these User Terms. Continued use of ReServe Q following any such variation shall constitute acceptance of such changes.

Jurisdiction

ReServe Q is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of ReServe Q and its content are unavailable or otherwise contrary to local laws or regulations. If such restrictions apply to you, you are not authorized to access or use ReServe Q. Those who choose to access ReServe Q from other locations do so at their own risk and are responsible for compliance with applicable local laws.

Governing Law

These User Terms shall be governed in all respects by the laws of the State of Wisconsin, United States, without reference to its choice of law rules. If an applicable law is in conflict with any part of these User Terms, these User Terms will be deemed modified to conform to such applicable law. The other provisions of these User Terms will not be affected by any such modification.

Arbitration

Except as regarding any action seeking equitable relief, including without limitation for the purpose of protecting any ReServe Interactive confidential information and/or intellectual property rights, any controversy or claim arising out of or relating to these User Terms or ReServe Q shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be held in Waukesha, Wisconsin, United States.

All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorization of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorization of all parties. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.

Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator's decision and any award contained therein.

Acceptance

Your use of ReServe Q is expressly conditioned on your accepting and agreeing to the user terms.