TABLE TERMS OF SERVICE
Effective Date: August 3, 2016
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND DROPR C CORP. D/B/A TABLE (“TABLE” “WE” OR “US”) STATING THE TERMS THAT GOVERN YOUR USE OF THE TABLE SERVICE AS DESCRIBED BELOW. PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THESE SITES AND APPS.
NOTE: Our Service is not intended for children under 18 years of age, and you may not use the Service if you are under 18. You hereby represent and warrant that you are at least 18 years of age.
1. Service Description: The service provided by Table via this website “Service” consists of an online platform that connects professionals who are experts in their chosen fields (“Experts”) with users seeking information, guidance, and advice from such Experts (“Users”). The Service includes, without limitation, the following: (a) an online marketplace (“Marketplace”) where Experts advertise their areas of expertise; (b) a software platform (“Platform”) that includes specialized tools that enable Users to retain Experts, communicate with them in real time, work collaboratively, and to otherwise interact with Experts in furtherance of one or more projects; and (c) the website www.table.co (the “Site”) through which the Marketplace and Platform are available, together with all text, graphics, data files, visual interfaces, photographs, videos, images, trademarks, logos, artworks, sounds, music, and computer code (“Content”) available on the Site. The “Service” also includes all underlying software applications, source code, object code, data, and information technology that comprise the Marketplace and Platform, together with all modifications and improvements made thereto. The Service and all Content is owned, controlled or licensed by or to Table and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
2. End User License Agreement (EULA). Table hereby grants you a revocable, non-exclusive, non-transferable, limited right and license to access and use the Service. The term of your License shall commence on the date that you visit the Site, and will end if your account is terminated by either you or us. We reserve the right to immediately terminate your license if you use the Service in breach of the terms set forth herein. Table retains all right, title and interest in and to the Service, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, and all other rights whether registered or not and all applications thereof. The Service is protected by applicable laws and treaties worldwide, and may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from Table.
3. How the Service Operates. Persons who elect to participate in Table are required to register as a User or Expert and create a Table account as set forth in Section 4 of these Terms. After creating an account, you may use the Service to secure an Expert or post a listing, and to otherwise use the Service as it is described in Section 1 of these Terms. The Service enables Users to retain Experts, use the tools available to interact with them, and to pay them for their services. Any arrangements entered into between Users and Experts are solely between those parties. Table’s sole role is to maintain the Platform to ensure its smooth operation. Table does not verify the credentials of its Experts, or monitor any information or Content posted by Experts or Users. Experts are not employees or independent contractors of Table. Table does not compensate Experts for the advice they provide, other than to process payments made to Experts by Users. Accordingly, TABLE BEARS NO RESPONSIBILITY OR LIABILITY FOR ANY ADVICE OR GUIDANCE THAT AN EXPERT MAY PROVIDE, AS FURTHER DETAILED IN THE LIMITATION OF LIABILITY SECTION OF THESE TERMS. USE OF THE TABLE SERVICE IS AT YOUR SOLE RISK.
Following the creation of your Table account, you will have the opportunity to create an account profile page, and include such personal information as may be request or that you otherwise see fit to provide. You agree that any and all information you include in your profile shall be accurate, current, and complete in all respects.
If you register as a User, you agree to provide Table or its payment processor with current, complete, true and accurate billing information, such as your credit card or other payment system number and expiration date, which will be used to process payments to Experts in accordance with Section 6 of these Terms. If you are creating an account on behalf of a legal entity such as a corporation or LLC, you represent and warrant that you are authorized to establish the account and have the authority to legally bind such entity to these Terms.
5. Creating an Expert Profile. If you register as an Expert, the information you provide must relate to the experience, skills, and expertise you are offering to share, and include rate information and payment terms. Following the creation of your Expert profile, it will be made publicly available for review by Users, who will then be able to secure your services as described in your listing for the price you advertised. Note that the advertised price as set forth in your profile must remain consistent and is not subject to alteration on a case-by-case basis. Note further that, as of the effective date of these Terms, Table does not charge for creating an Expert account and advertising Expert services, although payments are subject to the surcharge referenced in Section 8. Notwithstanding the foregoing, Table reserves the right, in its sole and absolute discretion, to charge fees for the creation and maintenance of Expert listings at any time. Prior to the initiation of any such fee, Table shall provide all Experts with reasonable advance notice of the same.
6. Retaining Experts. To retain the services of an Expert on Table, you must agree to permit Table to obtain a pre-authorization of your credit card in an amount less than one (1) dollar. After services are delivered, Table will process the payment on your card and collect the fees due for such services for later payment to the Expert. You hereby authorize Table to charge your credit card in accordance with the arrangement entered into between you and the Expert. In lieu of direct payment to Table, you may be directed to one of Table’s third-party processors such as Stripe.com, and will thus be subject to the terms and conditions imposed by the processor in connection with such payment. Once your transaction is complete, we will confirm the service requested via email. Note that service fees are non-refundable after services have been rendered.
7. Providing Services. If you have registered as an Expert, you may receive service requests from Users based on your profile. You must confirm or reject service requests within 24 hours after the request posts to your account, or the request will be automatically cancelled. Table reserves the right to amend this time frame at its sole discretion. When you receive a service request, you will be provided with the name of the User making the request and a link to his or her Account Profile Page, and will be promoted to confirm or reject the request. Should you elect to confirm a request, you will be sent an email, text message, or a message on the Site that confirms the appointment.
8. Receiving Payments. Payments for services will be made in accordance with the rate posted by the Expert. Service fees paid by Users will be collected and processed by Table, and all payments are subject to a fifteen percent (15%) surcharge, which will be deducted from the service fees payable to the Expert. After the provision of services is complete, Table calculates the fees payable to the Expert based on the time spent and the rate charged. After deducting the applicable surcharge, payments made by Users are paid to Experts via Table’s third-party payment processor, Stripe.com. Experts are solely responsible for the payment of all state, federal, and other taxes that may be due on payments received via the Service.
9. Cancellations and Refunds. Users may cancel a scheduled service without penalty at any time prior to the commencement of service delivery. Experts may cancel the delivery of services at any time prior to their commencement. Users who have been improperly charged for a canceled service are entitled to a refund, and may request one by contacting Table.
10. Account Guidelines and Restrictions. Please note the following guidelines and restriction in connection with the operation of your Table account:
(a) You are solely responsible for maintaining the confidentiality of your account and password, and for any and all activities that take place on your account, regardless of whether such activity was authorized by you.
(b) You are solely responsible for any Content you publish or distribute on the Site, and may not upload, post, transmit, or otherwise make available any of Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable, nor may you upload, post, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
(c) You agree to immediately notify Table of any unauthorized use of your account or any other breach of security and to provide properly documented evidence as requested by Table.
(d) You may only establish one Table account. Additional accounts are strictly prohibited, and you may not use anyone else's account at any time, nor may you permit anyone else to access and use your account.
(e) Table reserves the right to terminate or suspend your account at any time, with or without cause or notice to you.
(f) Table reserves the right to change or discontinue any feature of the Service at any time, without notice to you.
(g) You agree that TABLE shall not be liable for any loss or damage caused, directly or indirectly, by the termination or suspension of your account, or the alteration or discontinuation of any feature of the Service.
(h) In the event that your Account is terminated, suspended or canceled, no refund will be granted and no other credits will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your Account, Content or anything associated with it.
(i) You understand that Table has no involvement with any arrangements made between Experts and Users, and does not refer, endorse, or recommend any particular Expert for any particular purpose.
(j) Table does not verify or confirm the identity or credentials of any Expert or User. Experts and Users are each solely responsible for determining the identity and credentials of anyone they choose to work with via the Service.
(k) You may not use the Service to harm, stalk, or harass others in any way, or to impersonate any person or entity, including, but not limited to, a Table employee, Expert, or other User, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(l) You may not sublicense, resell, rent, lease, transfer or assign the Service or its use, or offer the Service on a time-share basis to any third party;
(m) You may not use the Service to upload, post, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
(n) You may not use the Service to upload, post, transmit, or otherwise make available any software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware;
(o) You may not use the Service to disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges using the Service;
(p) You may not interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service, including using any device or software, and you are further prohibited from attempting to modify, adapt, or hack the Service, including by using any non-public TABLE APIs, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks;
(q) You may not use the Service to violate any applicable local, state, national or international law in connection with your use of the Service, or to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
(r) You may not contact an Expert or User for any purpose other than asking a question related to his or her services;
(s) You may not use the Service to recruit or otherwise solicit any other User or Expert to join third party services or websites that are competitive to Table without its prior written approval;
(t) You may not offer or accept payments using any method other than placing an order through the Service.
11. Highlighted Experts. At its discretion, Table may choose to highlight an Expert by featuring their profile in a more prominent manner on the Site, writing an article about the Expert, or otherwise single out a particular Expert. HIGHLIGHTING AN EXPERT DOES NOT CONSTITUTE AN ENDORSEMENT OR RECOMMENDATION OF HIS OR HER SERVICES. Table’s choice to highlight a particular Expert is based on a number of factors, including User reviews, experience level, and the Expert’s overall level of commitment to the Service and its Users. Experts are urged to continue providing excellent service to Users in order to maintain their highlighted status. Table reserves the right to discontinue highlighting an Expert at any time and for any reason.
12. User Reviews. Table requests that Users provide a review of an Expert after services are rendered. Reviewing an Expert is entirely voluntary, and the contents of any such review is entirely up to the User. Table makes no effort to influence its Users to provide satisfactory reviews. Reviews are posted on an Expert’s profile page. Whether positive or negative, Table will not remove a review unless, in Table’s sole discretion, the content of a review is deemed inappropriate or otherwise violates these Terms.
Table carefully monitors its User Review system to ensure its integrity. Any User or Expert who Table determines has attempted to subvert the User Review system by submitting false reviews based on sham transactions, service discounts or rebates, or through any other scheme will result in the termination of the Expert’s account and the account of any User operating in collusion with an Expert in subverting the User Review system.
13. Organization and Enterprise Accounts. All users should be aware that in the case of Organization and Enterprise Accounts (Org. Accounts) the applicable Administrative User(s) may have certain rights to access your Account and may obtain related information in connection with the Services. The Administrators also set policies regarding your use of various aspects of the Services, including retention settings and the ability to preserve and export all communications in the Account. Administrators are solely responsible for informing members of the applicable company policies, obtaining any legally required member consent to such policies, and for ensuring that all uses of the Services comply with applicable federal, state and/or international privacy laws.
14. Proprietary Rights and Content. For the purposes of this Section: (i) "Content" shall mean without limitation, data, images, drawings, photographs, video, audio, text, content, messages, profiles and any and all other material and information you see on the Services provided by Table, our licensors and you; (ii) "Table Content" shall mean all Content excluding User Content or Content available in the public domain; and (iii)"User Content" shall mean content that you submit to, publish on, or display on (hereinafter, "post") Table, or transmit to other members including messages you send, files you upload, comments you make on files, and other content you exchange when using the Service.
ALL USE OF CONTENT IS PROVIDED "AS IS" AND AT YOUR OWN RISK. You understand and agree that Table may delete any Content that in its sole judgment violates these Terms or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of the Services and/or its users.
(a) Table Proprietary Rights. Table owns and retains all proprietary rights in the Service including associated applications and the Site, and all Table Content. The Service contains the copyrighted material, trademarks, and other proprietary information of Table. EXCEPT FOR USER CONTENT OR CONTENT WHICH IS IN THE PUBLIC DOMAIN, YOU ACKNOWLEDGE AND AGREE THAT ALL CONTENT IS THE PROPERTY OF TABLE AND/OR ITS LICENSORS AND THAT YOU HAVE NO INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS IN ANY CONTENT, REGARDLESS OF WHETHER THAT CONTENT WAS PROVIDED BY TABLE, YOU, OR ANOTHER USER OF THE SERVICES.
You acknowledge that the TABLE Content and Services are protected by copyrights, trademarks, and other proprietary rights owned by TABLE, and/or its licensors, including, without limitation, rights to the selection, coordination, arrangement and enhancement of such TABLE Content, and that these rights are valid and protected in all media existing now or later developed. All right, title and interest that TABLE has in the TABLE Content and/or the Services, that are not expressly granted by TABLE to you, are retained by TABLE.
No TABLE Content, or any other information obtained from the Services, may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted or sold in any form or by any means, in whole or in part, without TABLE'S prior written permission.
(b) User Content and Information You Provide. You are solely responsible for your User Content and you agree that any User Content you post does not create an obligation for TABLE including any obligation to provide you any payment or other remuneration. Any information or User Content that you post is at your own risk of loss. By posting User Content to us, you represent and warrant that you are entitled to post the User Content and that the User Content is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. To provide the Services, Table requires that you grant us certain rights with respect to User Content. You hereby grant to Table all rights necessary to the User Content in order for Table to provide the Services to you including the right to display, index, search, share with third-party service providers, store and transmit all User Content for use as part of the Services.
(c) Adult Content. In order to maintain a safe and inclusive environment for people from all walks of life, we ask that adult content be labeled accurately. Adult content includes nudity, or partial nudity with sexual implications. Breasts in the context of breast-feeding a child or showing post-mastectomy scarring are not considered adult content. Adult Content may also include shocking or disturbing images, such as violence or blood. Your avatar or cover photo should not contain any adult content. We do not allow visual material containing the description or display of sexual organs or activity on Table. This may include vaginas, penises or anuses. Excessive gore or violence is also prohibited. If this type of content is found on your Table account, it will be removed and you will be warned. Multiple warnings will lead to your account being banned.
15. Interaction with Other Members. You are solely responsible for your interactions with other Members. Table reserves the right, but has no obligation, to monitor disputes between you and other Members.
16. Subscription Account Terms. To the extent you use a Service plan that is made available for a fee, you will be required to select a payment plan and provide Table accurate information regarding your credit card or other payment instrument. You will promptly update your Account information with any changes in your payment information. You agree to pay Table in accordance with the pricing terms, and you authorize Table to bill your payment instrument in advance on a periodic basis.
If you dispute any charges you must let Table know within sixty (60) days after the date that Table invoices you. All amounts paid are non-refundable and we reserve the right to change our prices at any time in the future. If we increase our prices for your Service plan, we will provide notice of the change through the Service and in an email to you at least 30 days before the change is to take effect. Your continued use of the Service after any price change goes into effect constitutes your agreement to pay the changed amount. Table may choose to bill you through an invoice, in which case, full payment for invoices issued must be received by the date specified in the invoice. Past due fees are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection. You shall be responsible for all taxes associated with Services other than U.S. taxes based on Table's net income.
17. Representations and Warranties. You represent and warrant to Table that (a) you have full power and authority to enter into this Terms of Service; (b) you own all of your User Data or have obtained all requisite permissions, releases, rights or licenses required to engage in your activities (and allow Table to perform its obligations) in connection with the Services without obtaining any further releases or consents; and (c) your User Data and other activities in connection with the Service, and Table's exercise of all rights and license granted by you herein, do not and will not violate, infringe, or misappropriate any third party's copyright, trademark, right of privacy or publicity, or other personal or proprietary right, nor does your User Data contain any matter that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or harassing.
18. Accounts. To use the Services, you must create a user account ("Account"). If you create an Account, you agree to provide Table with current, complete, true and accurate information, and to update this information should it change. Table may suspend, terminate, modify, or delete your Account with or without notice to you, at any time for any reason or for no reason, including but not limited to for violation of the Terms of Service.
Some Services require payment of fees to Table; if you purchase any goods or services that require payment of fees to Table, you agree to provide Table (or Table's payment agent) with current, complete, true and accurate billing information, such as your credit card or other payment system number and expiration date.
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR ACCOUNT AND ASSOCIATED PASSWORD, AND FOR ANY AND ALL ACTIVITIES THAT OCCUR IN ASSOCIATION WITH YOUR ACCOUNT, WHETHER OR NOT AUTHORIZED BY YOU. You agree to notify Table immediately of any unauthorized use of your Account or any other breach of security and to provide properly documented evidence as requested by Table. You may not use anyone else's Account at any time and you may not allow anyone else to use your Account at any time.
Table reserves the right to terminate or suspend your ACCOUNT AND/OR access to the Services at any time, for any reason or no reason, with or without notice to you. Table also reserves the right to change or discontinue any service or feature provided by Table, including, without limitation, the Services, at any time and without notice. you agree that Table shall not be liable for any loss or damage caused, directly or indirectly, by any such termination, suspension, change or discontinuance.
In the event that your Account is terminated, suspended or canceled, no refund will be granted and no other credits will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your Account, Content or anything associated with it.
19. Term and Termination. These Terms of Service are effective until terminated. Without prejudice to Table's other rights hereunder, if you breach these Terms of Service in any way, then Table may take such action as appropriate to address the breach, including suspending your access to our Services, prohibiting you from accessing our Services, blocking computers using your IP address from accessing our Services, contacting your internet service provider to request that they block your access to our Services and/or bringing court proceedings against you. Table may terminate these Terms with or without notice to you by terminating your Account. If Table terminates your Account because you have breached these Terms of Service, you will not be entitled to any refund of any unused fees and you may also be barred from any future use of the Services.
You may cancel your Table Account at any time; however, there are no refunds for cancellation of the Services. To cancel your Account, please access your User Settings, click on DELETE ACCOUNT, and confirm. Upon termination of your Account, you will lose access to the Services. Service plans that are paid monthly will automatically renew for additional months, and Service plans that are paid annually will automatically renew for additional years. Only Primary Owners have the ability to deactivate and delete Org. accounts.
The following Sections of these Terms shall survive termination: Proprietary Rights and Content, Payments, Representations and Warranties, Term & Termination, Disclaimer of Warranty, Limitation of Liability), Jurisdiction and Choice of Law, Statute of Limitations, Indemnification, Copyright Policy and Miscellaneous shall survive any termination of these Terms of Service.
20. Disclaimer of Warranties. YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES (INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE) OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR STATUTORY, EXCEPT TO THE EXTENT SUCH WARRANTIES OR CONDITIONS ARE LEGALLY INCAPABLE OF EXCLUSION.
TABLE DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING. TABLE DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES (OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION THE CONTENT) OR THAT THE SERVER(S) ON WHICH THE SERVICES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TABLE MAKES NO WARRANTY THAT THE CONTENT WILL BE ACCURATE, CURRENT OR RELIABLE OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
YOU AGREE THAT ANY REVIEWS, FEEDBACK, AND RATINGS THAT YOU SUBMIT THROUGH THE SERVICES (A) ARE YOUR OWN VIEWS AND OPINIONS, (B) ARE SUBMITTED BY YOU INDEPENDENT FROM ANY VIEWS OR OPINIONS OF TABLE, AND (C) DO NOT REPRESENT THE VIEWS OR OPINIONS OF TABLE.
TABLE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND TABLE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND TABLE MEMBERS OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU AGREE TO LOOK SOLELY TO THIRD PARTIES FOR ANY AND ALL CLAIMS REGARDING SUCH TRANSACTIONS. YOU FURTHER AGREE THAT THIRD PARTY ITEMS AND SERVICES PURCHASED ARE DONE SO VIA AN AGREEMENT BETWEEN YOU AND THE THIRD PARTY.
TABLE DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL.
TABLE RESERVES THE RIGHT TO REMOVE ANY POSTED MATERIAL THAT IT DETERMINES IN ITS SOLE DISCRETION IN VIOLATION OF ANY LAW OR RIGHT OF ANY PERSON, INFRINGES THE RIGHTS OF ANY PERSON, OR IS OTHERWISE INAPPROPRIATE FOR POSTING.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AND AS A CONSEQUENCE SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
21. Limitation of Liability. YOUR USE OF THE SERVICES AND ANY CONTENT ARE ENTIRELY AT YOUR OWN RISK. YOU ASSUME THE ENTIRE RISK OF LOSS AND DAMAGE DUE TO YOUR USE OF THE SERVICES AND CONTENT.
TABLE AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, DISTRIBUTORS, SUBCONTRACTORS, SUBLICENSEES AND AGENTS (THE "TABLE PARTIES") SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, BUSINESS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, WHICH YOU MAY INCUR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE SERVICES OR THE CONTENT, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR THE CONTENT, OR INTERACTIONS WITH TABLE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. IN NO CASE SHALL THE LIABILITY OF THE TABLE PARTIES TO YOU (i) EXCEED THE AMOUNT THAT YOU PAID TO TABLE OR ITS DESIGNEES, FOR THE APPLICABLE SERVICES GIVING RISE TO ANY SUCH LIABILITY, DURING THE SIX (6) MONTH PERIOD PRIOR TO THE MONTH IN WHICH THE MOST RECENT EVENT GIVING RISE TO LIABILITY OCCURRED, OR (ii) \$500.00, WHICHEVER AMOUNT IS LESS.
THE TABLE PARTIES ASSUME NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, FROM DELAYS, NONDELIVERIES, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OR SERVICE INTERRUPTIONS CAUSED BY THE COMPANY PARTIES, OR BY YOUR OR OTHER USERS' ERRORS AND/OR OMISSIONS.
UNDER NO CIRCUMSTANCES WILL TABLE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TABLE DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO THE SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES. AS SUCH TABLE DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR OTHER MISUSE OF YOUR IDENTITY OR INFORMATION BY OTHERS.
ANY REFERENCE ON OR WITHIN THE SERVICE TO A PERSON, ENTITY, PRODUCT, OR OTHER SERVICE DOES NOT CONSTITUTE AN ENDORSEMENT OR RECOMMENDATION BY ANY OF THE TABLE PARTIES. TABLE SHALL HAVE NO LIABILITY WITH REGARD TO ANY SERVICES OFFERED BY TABLE MEMBERS OR THIRD PARTIES.
YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICE OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND AS A CONSEQUENCE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF THE COMPANY PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
22. Jurisdiction and Choice of Law. These Terms of Service, and any disputes arising from or relating to the conduct covered by the Terms of Service, are governed by the laws of the State of California. You hereby submit to the exclusive jurisdiction, including waiving any objection to personal jurisdiction, of the courts of Alameda County, California without regards to any principles of conflicts of laws and the United Nations Convention on Contracts for the International Sale of Goods. Those who choose to access the Services from locations outside of California do so on their own initiative contrary to the terms of these Terms of Service, and are responsible for compliance with local laws if and to the extent local laws are applicable.
23. Statute of Limitations. Regardless of any statute or law to the contrary or the applicable dispute resolution process, any Claim or cause of action arising out of or related to use of the Service or under these Terms must be filed with TABLE within one (1) year after such Claim or cause of action arose.
24. Indemnification. You agree to defend, indemnify and hold harmless TABLE and its directors, officers, employees, agents, shareholders, licensors, parent companies, affiliates and representatives, from and against all claims, damages, obligations, losses, liabilities, costs and expenses (including without limitation reasonable attorneys' fees) arising out of: (a) your use of, access to, or activities in connection with the Services, including without limitation any data or content (including, without limitation, any User Content) transmitted or received by you or through your Account; (b) any violation of these Terms of Service by you or through your Account or using your user name, including without limitation any breach of any of the representations and warranties herein; (c) any allegation that any information, messages, or materials that you make available or create through the Services infringe or otherwise violate the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party; (d) your violation of any third-party right, including without limitation any right of privacy or intellectual property right; (e) your violation of any applicable law, rule or regulation; or (f) any other party's access and use of the Service with your username, password or other appropriate security code.
26. Copyright Policy. You will refrain from posting any information or items to our Services which are copied, in whole or in part, from third party sources (or that is subject to any third-party rights), unless any holder of such rights has given express authorization for distribution on the Services. For further clarification, please see the U.S. Law on Copyrights, or see the web sites of the U.S. Copyright Office or U.S. Trademark Office. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by TABLE infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed or access to it blocked.
Please see the requirements and specific instructions for submitting a notice to TABLE in TABLE's Copyright Policy . If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send TABLE a counter-notice. Please refer to TABLE's Copyright Policy for the requirements and instructions for submitting a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA (see http://www.copyright.gov for details). Notices and counter-notices with respect to or website, including without limitation the Services, should be sent to TABLE's DMCA Agent for notice of claims of copyright infringement at:
Dropr C Corp
Attn: TABLE DMCA Agent
1250 Addison Street
Berkeley, CA 94702
by telephone: 415-793-7521
by email: email@example.com(with the subject line "DMCA Communication").
TABLE's DMCA Agent should be contacted only for the purposes set forth in this Section 15 (Copyright Policy). ALL OTHER INQUIRIES DIRECTED TO TABLE'S DMCA AGENT WILL NOT BE ANSWERED.
27. Notice for California Users. Under California Civil Code Section 1789.3, California Website users are 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 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
28. Changes to Table’s Terms of Service. From time to time, we may update these Terms of Service to reflect feedback from our users or changes to company policy. If there are material changes to these Terms or how TABLE operates, we will prominently post the changes through our Service. All such changes will be effective immediately upon posting. We encourage you to review these Terms of Service occasionally to ensure that you are familiar with TABLE's current practices. If you are dissatisfied with any modification to the Terms, your only remedy is to terminate your use of the Service, as described in Section 9 (Term; Termination) of these Terms. Your continued use of the Services after a change or update has been made to the Terms of Service constitutes your acceptance of such change or update.
29. Contact Table. If you have any questions regarding these Terms of Service, you can contact us at:
By email to firstname.lastname@example.org; or
By postal mail post to:
Dropr C Corp
1250 Addison Street
Berkeley, CA 94702
(a) Entire Agreement. These Terms of Service, including without limitation the documents expressly incorporated by reference, constitute the entire agreement between you and TABLE with respect to its subject matter. These Terms of Service supersede all prior or contemporaneous communications, whether electronic, oral or written, between you and TABLE with respect to its subject matter and you represent that you have not relied on any such communications in accepting these Terms. No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind TABLE in any respect whatsoever.
(b) Assignment. TABLE may assign, sub-contract or otherwise deal with TABLE's rights and/or obligations under these Terms, in whole or in part, at any time and without notifying you or obtaining your consent. You may not assign, transfer or sublicense these Terms or any or all of your rights or obligations under these Terms.
(c) Notices. Notices to you may be made via posting to the Services, by email, or by regular mail, in TABLE's discretion. We may also provide notices of changes to these Terms of Service or other matters by displaying such notices or by providing links to such notices through the Services. Without limitation, you agree that a printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
(d) Choice of Law and Forum. These Terms and the relationship between the parties shall be governed by the laws of the State of California without regard to its conflict of law.
(e) Waiver. No waiver by TABLE of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.
(f) Severability: If any provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, then the unlawful and/or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the other provisions will continue in effect.
(g) Headings: The paragraph and section headings, captions and titles provided herein are for convenience only and shall have no effect on the meaning of the provision.
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