This Agreement (the "Agreement") and the policies referred to herein contain the complete terms and conditions that apply to your use of and participation in the priority access services (the “Services”) being offered at www.BEELINENOW.com and all affiliated web sites owned and operated solely by BEELINE (collectively, the "BEELINE Site"). As used in this Agreement, "BEELINE," “we” or “our” refers to BEELINE, Inc., "Members" refers to users of the Services and “Venues” refers to restaurants, businesses, events and venues participating in the Services. Members are sometimes referred to as “you.”
Use of the Services or the BEELINE Site constitutes knowing acceptance and acknowledgement of the terms and conditions set forth in this Agreement. BEELINE may modify this Agreement's terms and conditions at any time without notice. Continued use of the Services or the BEELINE Site after a change in this Agreement, or after implementation of any other new policy, constitutes acceptance of such change or policy. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT OR ANY REVISED VERSION OF THIS AGREEMENT, PLEASE DO NOT USE THE SERVICES OR THE BEELINE SITE.
BEELINE publishes unique reservations or experiences (an “Experience”) being offered by leading Venues for Members which secures priority access, packages, prix-fixe menus or premium tables to such Venues. Each Experience becomes activated and available for use on the identified date and time which the Member can reserve. Upon booking an Experience, BEELINE will provide confirmation of the Experience to the Member by email or within the Member’s account dashboard. By using the Services, the Member agrees to receive confirmations by email or within their dashboard after booking an Experience through the BEELINE Site.
BEELINE does not act as a contracting agent for Members as their representative. Each Experience booked by a Member enters such Member into an agreement directly with the Venue. The Venue will at all times have control over the offer and acceptance of and payment for Experiences. You acknowledge and agree that you and the Venue, and not BEELINE, will be responsible for performing the obligation of any such agreement and fulfilling any reservation, and BEELINE disclaims all liability arising from or related to any such agreement.
Members must create an account online through the BEELINE Site or through the iOS or Android application before they can book a desired Experience. Venues must create an administrative account online through the BEELINE Site before they can participate in the Services. At the time of registration, we will request that you provide certain contact information (such as email address) and ask that you select a username and password. Your account is at all times the property of the Company, and we reserve the right to monitor the use of your account for any purpose.
In creating and using your account, you agree to provide true, accurate, complete and current account data on any registration form required and maintain and promptly update the account data to keep it true, accurate, current and complete. You also acknowledge and agree that you may not have more than one active account. If you provide any account data that is not, or we reasonably suspect is not, true, accurate, current and incomplete, or if your create more than one active account, we may suspend or terminate your account and our Services and refuse any and all current or future use by you of your account or our Services.
Each Venue shall designate an administrator for its administrative account. After initial registration, an administrator may assign additional access to other agents or employees from the Venue or other related Venues. This procedure is initiated by those seeking to access an administrative account and can only be approved by a designated administrator. BEELINE is not responsible for dissemination or management of additional administrative access, as all requests for additional access must be routed to a designated administrator, or for management of access by administrators who are no longer employees or agents of the Venue.
Security Of Accounts; Privacy
We use certain encryption technologies and other reasonable precautions to protect the privacy and security of your account information. However, you are ultimately responsible for protecting your account information from disclosure to third parties, and you are not permitted to circumvent the use of any applicable encryption technologies or other security measures. You agree not to allow anyone to have access to your account, to notify us immediately of any unauthorized use of your account or account information or any other breach of security and to ensure that you exit from your account at the end of each session. While we may implement reasonable precautions to protect your account and other confidential information, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure or that such transmissions are free from delay, interruption, interception or error. You are always responsible for use of your account by yourself and others, including those persons that gained unauthorized access to your account through your acts and omissions.
Each Member agrees to use the Services only to book Experiences at participating Venues that the Member intends to honor by arriving at the Venue(s) at the appropriate time and not booking more than one Experience for such Member’s personal use during the same time period. The Services are at premium times when the Venues are particularly busy, and a short wait time is to be expected. In the event that a Member is delayed, your Experience will still be valid; however, there may be a short wait in order for the Venue to accommodate you, and when applicable, your table location within the Venue may be altered. Participating Venues generally provide Members with their best tables; however, if there is a specific table you would like to request, please type a note upon checkout online.
All bookings are final and cannot be transferred to another party. Resale or attempted resale of a booking is prohibited and is grounds for, among other things, cancellation. BEELINE expressly reserves all of its rights and remedies under applicable state and federal law. Any and all other uses which are unlawful or in violation of this Agreement's terms and conditions are prohibited. BEELINE reserves the right, in its sole discretion, to refuse to book an Experience, to terminate an account, to remove or edit content, or to cancel the Services.
Each Member will be asked at the time you request a booking to provide customary billing information such as name, billing address and credit card information. You agree to pay the fee for the Experience that is confirmed and set by the Venue. Please note that we cannot control any fees that may be charged to a Member by his or her bank related to our collection of the fee for booking an Experience, and we disclaim all liability in this regard. Once the transaction is complete, you will receive a confirmation email or notification in your account settings via the application summarizing the confirmed booking.
No Recommendation Or Endorsement
Although we may in our discretion choose to advertise, highlight or promote certain Venues as part of our overall marketing and promotion strategy, we do not recommend or endorse any Venues. In addition, BEELINE is not responsible for honoring the Experience – that is the responsibility of the Venue. Each Member is responsible for determining which Venue to book for an Experience and agrees that any legal remedy or liability that for actions or omissions of the Venue or its agents or employees will be limited to a claim against the particular Venue or their agents or employees who caused you harm. You agree not to attempt to impose liability on us, or seek any legal remedy from us, with respect to such actions or omissions.
The materials and Services provided for and depicted on the BEELINE Site owned by BEELINE or its licensors and are protected by copyright, trademark, patent and other intellectual property laws. All text, graphics, video, data or other content on the BEELINE Site ("BEELINE Content") is provided to you by BEELINE for the sole purpose of using the Services. You shall not copy, display, modify, create derivative works of, publish, or sell the BEELINE Content or any information, software or services provided by BEELINE under this Agreement. No license is granted to you for any other purpose, and any other use by you of the Services, the BEELINE Site or the BEELINE Content shall constitute a material breach of this Agreement.
Comments and Other Submitted Content
Members may submit reviews, comments, and ratings; send e-mails and other communications; and submit suggestions, ideas, comments, questions, or other information for publication and distribution to Venues and other third parties, so long as the content is not illegal, threatening, obscene, racist, defamatory, libelous, pornographic, infringing of intellectual property rights, promoting of illegal activity or harm to groups and/or individuals, invasive of privacy, purposely false, or otherwise injurious to third parties or objectionable and does not consist of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of "spam" or references to illegal activity, malpractice, purposeful overcharging, false advertising or health code violations (e.g., foreign objects in food, food poisoning, etc.). You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. BEELINE reserves the right (but not the obligation) to remove or edit such content, but may not regularly review submitted content.
If you do submit such content, and unless we indicate otherwise, you grant BEELINE a nonexclusive, perpetual, royalty-free, irrevocable, and fully sub-licensable right to use, modify, reproduce, adapt, translate, publish, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the content that you submit, that such content is accurate, that use of such content does not violate this Agreement and will not cause injury to any person or entity, and that you will indemnify BEELINE for all claims resulting from such content. BEELINE has the right but not the obligation to monitor and edit or remove any such content, as determined by BEELINE in its sole discretion. BEELINE takes no responsibility and assumes no liability for any such content submitted by you or any third party.
In addition to any other activities prohibited by this Agreement, you agree not to: (i) use any robot, spider, scraper or other automatic device, process or means to access the BEELINE Site or BEELINE Content for any purpose without BEELINE’s express written permission; (ii) violate any applicable laws, rules, regulations, ordinances or permits; (iii) take any action that imposes or may impose (in BEELINE’s sole discretion) an unreasonable or disproportionately large load on our infrastructure; (iv) implement any manual processes to monitor or copy BEELINE Content from the BEELINE Site without express written permission; (v) utilize any device, software or routine that will interfere or attempt to interfere with the functionality of the BEELINE Site.
Links to Third Party Sites
The BEELINE Site may contain hypertext links to Web sites operated by parties other than BEELINE. Such hypertext links are provided for your reference only, and BEELINE does not control such Web sites and is not responsible for their content or for any viruses or other damaging elements encountered in linking to such Web sites. BEELINE's inclusion of any hypertext links to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators.
You acknowledge and agree that we may be required by applicable tax laws in certain jurisdictions to collect and pay applicable sales, use, value added, goods and services, withholding or other taxes, duties or charges in connection with the Services. In addition, we may be required by applicable tax laws to file certain forms or other information for tax reporting purposes, and you agree to provide us with such forms or other information. Because tax laws vary significantly by jurisdiction and locality, you understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with your tax advisors.
THE BEELINE SITE AND THE SERVICES, AND ANY BEELINE CONTENT IN CONNECTION THEREWITH, ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY REGARDING THE QUALITY OF THE BEELINE SITE OR THE SERVICES, OR ANY BEELINE CONTENT IN CONNECTION THEREWITH, OR THAT THE FOREGOING WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY BEELINE CONTENT OBTAINED THROUGH THE BEELINE SITE OR THE SERVICES.
Applicable law may not allow the exclusion of implied warranties so the foregoing exclusion may not apply to you.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BEELINE BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH (I) ANY USE OF THE SERVICES, THE BEELINE SITE OR THE BEELINE CONTENT, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF THE SERVICES OR THE BEELINE SITE FOR RESERVATIONS), OR (III) THE PERFORMANCE OR NON-PERFORMANCE OF ANY VENUE IN CONNECTION WITH THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT WE ARE RELYING ON THE LIMITATIONS OF LIABILITY STATED HEREIN IN PROVIDING TO YOU THE BEELINE SITE, BEELINE CONTENT AND THE SERVICES AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US.
If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.
To the extent permitted by applicable law, you agree to indemnify, defend and hold us and our directors, employees, agents, affiliates, insurers and contractors harmless from and against any liability, loss, injury, demand, action, cost, expense, or claim of any kind or character, including but not limited to attorney’s fees, arising out of or in connection with (i) your use of the BEELINE Site, the BEELINE Content and the Services, (ii) your violation of the terms and conditions of this Agreement, (iii) comments, communications or other content submitted by you, (iv) your acts or omissions in connection with your Experience, and (v) your interaction with other users of the BEELINE Site and the Services. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
At any time, we may, in our discretion and without liability to you, with or without cause or prior notice, terminate your access to the BEELINE Site and the Services and deactivate or cancel your account. All provisions of this Agreement which by their nature contemplate performance after the termination of your use of the BEELINE Site or the Services shall survive such termination.
Persons Under 18
The BEELINE Site and the Services are intended solely for persons who are 18 years of age or older, and any access to or use of the BEELINE Site or the Services by anyone under the age of 18 is expressly prohibited. By accessing or using the BEELINE Site or the Services, you represent and warrant that you are 18 years of age or older.
All disputes, demands and claims between BEELINE and you arising out of, under, or related in any way to, this Agreement or the BEELINE Site or Content shall exclusively be settled through binding arbitration. Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association ("AAA"). As modified by the terms and conditions of this Agreement, and unless agreed upon by the parties in writing, the arbitration will be governed by the AAA's Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes.
By accepting the terms of this Agreement, you are waiving your right to assert or defend your rights under this Agreement in any court except for matters, if any, that may be taken to small claims court. If arbitration is commenced, your rights will be determined by a neutral arbitrator and not a judge or jury. Arbitrator decisions are as enforceable as any court order and are subject to very limited review by a court. Notwithstanding this agreement to arbitrate, either BEELINE or you may seek emergency equitable relief before the state or federal courts located in Santa Clara County, California in order to maintain the status quo pending arbitration, and BEELINE and you hereby agree to submit to the exclusive personal jurisdiction of the courts located within Santa Clara County, California for such purpose. A request for such equitable relief shall not be deemed a waiver of the right to arbitrate.
The Agreement is made under and shall be governed by and construed in accordance with the laws of the State of California, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. If any provision of this Agreement is unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
If you have any questions about these Terms & Conditions, or need to reach us for any other reason, you may contact us by e-mail at firstname.lastname@example.org.
Last Updated: August 15, 2014