Terms of Use
Latest Update: October 28, 2024
Thank you for your interest in Reslify. These Terms of Use apply to the websites, applications, systems, social media accounts, widgets that integrate with Location websites, and other services (collectively, "Services") made available by Reslify. These Terms apply to individuals who interact with our Users through Reslify Services, whether directly or indirectly, (each, “End User” or “you” and its derivatives).
Your access and use of the Services is subject to the following Terms ("Terms of Use") and all applicable laws. By accessing or using any part of the Services, you accept, acknowledge, and agree to be bound by and comply with the Terms and represent and warrant that you have the right, authority, and capacity to enter these Terms. If at any time you do not agree to all these Terms, you must immediately stop using the Service. Please carefully read the following terms and all other rules and guidelines that we may communicate to you from time to time through the Service, (collectively, “Terms“), which create a binding legal contract between you and Reslify.
Except in the case of Users (Locations), these Terms and the Privacy Policy are the entire agreement between you and Reslify relating to the Service, and supersede all previous communications, representations, understandings, and agreements, either oral or written, between you and Reslify with respect to the Service.
1. Privacy Policy
Use of the Services is also governed by our Privacy Policy, which describes how we collect, use, and disclose information about you, and is incorporated herein by reference. Please see our Privacy Policy for more information on how we use and protect your information.
2. Eligibility
To use the Service, you must be at least the age of majority in the jurisdiction and have not previously been removed or suspended from the Service for any reason. To make a Transaction that includes alcohol, be served alcohol, or receive delivery of alcohol, you must be, and hereby represent that you have reached, the minimum legal drinking age in the applicable jurisdiction. If you do not meet this qualification, you may not use the Services.
If you use the Services on behalf of a company or other entity, the term “you” includes both you as an individual as well as such company or other entity. In addition, you represent and warrant that you have the authority to bind such company or entity to this Agreement, and that such company or entity has authorized you to accept this Agreement on its behalf.
3. Reservations
Reslify provides the Service to enable End Users to make reservations or purchase services at participating Locations. To make a reservation, you will have to provide your name, phone number, and email address, along with other information that may be required by the User. You agree that all information that you provide to Reslify or to the User will be accurate, current, and complete. You grant Reslify permission to share this information along with reservation details with the User with whom you choose to interact through Reslify Services for the purpose of booking reservations or purchase services. By providing your contact information, you agree to receive information about your reservation via email or text message. All reservations are subject to the availability of the Locations for your specified time, date, and party, and are not confirmed until you have received a confirmation email and/or text message.
4. Fees and Billing
Some Locations may require you to provide your payment information ahead of time, including where (a) the Location or experiences offered at that Location require prepayment; (b) the Location charges a cancellation fee; or (c) the Location otherwise requires a credit card on file to make a Reservation. These requirements will be specified on the reservation page for that Location. Pricing may vary depending on several factors, including but not limited to the cost and length of a menu, the time and day of the week of your Reservation, and the type of beverage pairings you select. Locations may change the pricing for and availability of any Reservation or experience at any time with or without notice, including adding additional Reservations.
When you want to make a Reservation with a Location that requires payment information ahead of time, we will ask you to provide information for a payment method to make a Reservation. You agree that all information that you provide will be accurate, current, and complete. By submitting such information, you grant Reslify the right to provide such information to a third party for the purposes of facilitating the completion of a Transaction. We use a third-party payment processor (the “Payment Processor”) to bill you when your use of the Services results in charges to your credit card. The processing of payments will be subject to the terms and conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for errors made by the Payment Processor. By making a Reservation, you agree to pay, through the Payment Processor, any fees in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to pay all charges incurred by you or any users of your credit card (or another payment mechanism) at the prices in effect when such charges are incurred, including any applicable service charges. You will also be responsible for paying any applicable taxes relating to the Transaction. You represent and warrant that you have the legal right to use any credit card or other payment mechanism used in the completion of any Transaction.
The terms of your payment will be based on your Payment Method. These terms may be determined by agreements between you and the financial institution, credit card issuer, or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
YOU ACKNOWLEDGE AND AGREE THAT, JUST LIKE A SPORTING EVENT, CONCERT, OR THEATER TICKET, RESERVATIONS OR OTHER PURCHASES FOR MANY LOCATIONS ARE FINAL, NONCANCELABLE, NONREFUNDABLE, AND UNCHANGEABLE. HOWEVER, SOME LOCATIONS MAY ALLOW FOR CANCELLATION, REFUND, OR CHANGE FOR RESERVATIONS OR OTHER PURCHASES. THE CANCELLATION, REFUND, AND CHANGE POLICIES MAY VARY DEPENDING ON THE LOCATION. THIS IS ENTIRELY AT THE DISCRETION OF THE LOCATION, AND RESLIFY HAS NO AUTHORITY OVER IT. THEREFORE, YOU MUST REVIEW THE CANCELLATION, REFUND AND CHANGE POLICIES OF THE LOCATION ON THE CHECKOUT PAGE BEFORE COMPLETING A RESERVATION, AND IT IS YOUR RESPONSIBILITY TO REVIEW POLICIES OF THE LOCATION BEFORE COMPLETING A RESERVATION. RESLIFY IS NOT RESPONSIBLE FOR ANY CHANGES, CANCELLATIONS, OR REFUNDS FOR RESERVATIONS OR PURCHASES. AS SUCH, YOU AGREE TO CONSULT DIRECTLY WITH THE LOCATION REGARDING ANY CHANGES, CANCELLATIONS, OR REFUNDS. ALL PURCHASES ARE SUBJECT TO RESLIFY’S SERVICE FEES AND CHARGES, WHICH ARE ALSO NON-REFUNDABLE. YOU WILL BE RESPONSIBLE FOR PROVIDING FUNDS TO RESLIFY FOR ALL APPLICABLE TAXES IN CONNECTION WITH YOUR PURCHASE OF A RESERVATION.
5. No-Show Policy
Unless otherwise stated, we (or the User) reserve the right to cancel your Reservation if you do not check in within fifteen (15) minutes after your Reservation time. A cancellation in such a manner or after the free cancellation period ended, a “late cancellation”, or a complete failure to show up for your Reservation, will be considered a “no show” (“No Show”).
No Shows may result in cancellation fees being charged by the User. You agree to pay any applicable Location “late cancellation” or “no-show” fees in accordance with the Location’s cancellation policy. Reslify may facilitate your payment to the Location through Stripe or another payment gateway. For more information regarding Reslify’ use of payment providers, please see our Privacy Policy. If you decide not to keep your Reservation, to avoid having a “late cancellation” or “no-show”, you must adhere to each Location’s reservation and cancellation policy and cancel the reservation within the cancellation period, by contacting the Location. Location policies about cancellation timing and fees will be viewable on the reservation page before you book your Reservation, as well as in the confirmation notification after you book your Reservation. If the Location does not provide such a policy, Reslify requires that you provide at least 30 minutes notice of the cancellation of a reservation made through the Service. Some Locations may require more than 30 minutes advance notice for a cancellation. You may dispute any no-show by contacting the Location. The final determination of a no-show will be made by the Location at its sole discretion, and Reslify has no authority over it.
6. Termination
Reslify, in its sole discretion and for any reason or no reason, may refuse or terminate your access to the Service, discontinue the Service, including cancellation of any reservation or transaction, or terminate any license or permission granted to you hereunder, at any time, with or without notice. Reslify will not be liable to you or any third party for any such termination. Without limiting the foregoing, Reslify may terminate your access to the Service if you are a “no-show” to three or more reservations within a one (1) year period, as set forth in Section “No-Show Policy”. Reslify may terminate your access to the Service in cases of actual or suspected fraud, or violations of these Terms or other laws or regulations, and any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Reslify may have at law or in equity.
The provisions of these Terms which by their nature survive termination of these Terms shall so survive, including without limitation the Sections 6, 7, 9, 11, 12, 13, 15, 16, 18, 19, and the Privacy Policy.
7. Notices
Reslify may provide you with notices by mail, text message, electronic mail, or postings on the Service. If notice is provided by email, notice will be deemed delivered twenty-four hours after the email is sent unless Reslify is notified that the email address is invalid. If notice is provided by posting through the Service, then notice will be deemed delivered upon such posting. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Service. In such case, notice will be deemed delivered three days after the date of mailing.
You hereby agree that all notices, disclosures, agreements, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
8. Third-Party Content
The Services may contain links to other websites or apps that Reslify does not maintain. Other websites and apps may also reference or link to our Services. When you click on a link to Third-Party Content, we will not warn you that you have left the Services and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Content is not under the control of Reslify, and Reslify is not responsible for such content. Reslify is not affiliated with the third parties or Third-Party Content featured within or utilized as a part of, the Services (including, without limitation, the Locations) and is not responsible for its products and services. Reslify provides Third-Party Content only as a convenience and does not review, approve, provide, monitor, endorse, warrant, or make any representations with respect to Third-Party Content. The availability of Third-Party Content on the Service does not represent, warrant, or imply that Reslify endorses any third-party websites or any materials, opinions, goods, or services available on them. You use all Third-Party Content at your own risk. These Terms do not apply to Third-Party Content. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Applications, before proceeding with any transaction with any third party. You agree that Reslify shall have no liability for, and you hereby release Reslify from any claims, damages, obligations, losses, liabilities, costs, or expenses arising from, your use of any Third-Party Content.
9. Ownership; Proprietary Rights
The Service is owned and operated by Reslify. Reslify is the owner of or otherwise licensed to use all parts of the Services, including all copy, computer code, products, services, software, know-how, visual interfaces, graphics, designs, compilation, information, text, photos, videos (collectively, “Content”) and all copyrights, trademarks, trade dress, trade secrets, patents and patent rights, service marks, trade names, logos, and other intellectual property or proprietary rights contained therein (“Marks”). All elements of the Service (“Reslify Content and Marks“) are the sole and exclusive property of Reslify and protected by United States and international copyright, patent, trademark, and all other relevant intellectual property and proprietary rights and applicable laws.
The Service is made available strictly for your personal and noncommercial use and for informational purposes only, and any other use of the Services requires the prior written consent of Reslify. Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the Services. All rights not granted under these Terms are reserved by Reslify.
If you submit Content via the Service, you grant Reslify a nonexclusive, perpetual, royalty-free, assignable, transferable, irrevocable, worldwide, and fully sublicensable right and license to use, quote, modify, reproduce, adapt, translate, publish, create derivative works from, distribute, transmit, broadcast, communicate and display such Content, including but not limited to the right to use the name that you submit in connection with such Content, and any associated intellectual property in any manner, throughout the world in any medium now known or hereafter developed, without any notice or compensation to you of any kind. You represent and warrant that you own or otherwise control all the rights to your Content; that the Content is accurate; have fully complied with any third-party licenses relating to Content; agree to pay all royalties, fees, and any other monies owing any person by reason of Content that you posted to or through the Service; and that use of your Content does not violate these Terms and will not cause injury to any person or entity. You will indemnify Reslify for all claims resulting from your Content. Reslify has the right, but not the obligation, to monitor and edit or remove any Content in its sole discretion. Reslify takes no responsibility and assumes no liability for any Content. You are entirely responsible for the material included in, and any harm resulting from, your Content. We have the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting Content. Accordingly, we assume no liability for any action or inaction regarding Content.
10. Restrictions
You are responsible for all your activity in connection with the Services. You agree to honor any reservations made through the Service by arriving to the Location at the time specified in your reservation and paying the bill in full. You shall remain respectful and appropriate when you engage with us on social media. Any violation of the Terms is grounds for, among other things, cancellation of your Reservations, restriction or denial of Transactions, and termination of your access to the Services without compensation to you.
Without limiting the preceding sentence, you agree that you will not do or attempt to:
a. Use the Service for any unlawful and unauthorized purpose that is prohibited by the Terms or in any way that might harm, damage, or disparage any other party;
b. Use the Service in any manner that violates any federal, state, national, international, or local laws, rules, or regulations, or the rights of our or any third party;
c. Copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
d. Invade the privacy or threaten, harass, abuse, slander, defame, or otherwise violate the legal rights (such as any patent, trademark, trade secret, copyright, or rights of privacy and publicity) of others;
e. Frame or otherwise enclose any Reslify trademark or any portion of the Service in any other site or service for any purpose without our express written permission;
f. Use the Service in a way that inhibits other Reslify users from using or enjoying the Service;
g. Make more than one (1) reservation through the Service for any given period;
h. Create and book with multiple names to circumvent reservation limitations;
i. Impair a Locations’ operations, such as incurring excessive cancellations, displaying bad behavior, or neglecting to pay your bill;
j. Resell or distribute, or attempt to resell or distribute, any Reservations;
k. Use the Service for advertising, promotions, contests, or sweepstakes without the prior written consent of Reslify or the applicable Location;
l. Create a false identity or impersonate another individual or entity, including by providing misleading information in any part of the Service;
m. Publish, distribute, or facilitate distribution, or disseminate any inappropriate, false, misleading, untruthful, inaccurate, damaging, hateful, profane, vulgar, defamatory, infringing, obscene, threatening, violent, tortious, indecent, unlawful, offensive, racially, or socially insensitive, disruptive, harassing, abusive, libelous, deceptive, fraudulent, invasive of another’s privacy, pornographic, contains or depicts nudity, contains or depicts sexual activity, references illegal activity, false advertising, health code violations, or purposeful overcharging, immoral or otherwise objectionable material, content, comment or information on or through the Service as determined by us in our sole discretion. Any content of this nature will be removed or hidden;
n. Upload, post, submit, or otherwise distribute or facilitate the distribution of any content on or through the Service that (i) includes anyone’s identification or sensitive financial information; (ii) constitutes unauthorized and/or unsolicited advertising, junk or bulk e-mail (“spamming”); (iii) contains advertisements, publicity or solicitation for products or services (other than Reslify’s products and services); (iv) incites or encourages unlawful acts; (v) promotes racism, bigotry, sexism, religious intolerance or harm against any group or individual; or (vi) exploits anyone in a sexual or violent manner;
o. Modify, create derivative works of, translate, reverse engineer, decompile, decipher, disassemble or hack the Service, Reslify Content, User Content, or any elements thereof, except and solely to the extent permitted by law, or otherwise attempt to use or access any of the Service other than as intended;
p. Reproduce, duplicate, copy, sell, license, trade, resell, distribute, publicly perform, display, transmit, publish, edit, adapt, broadcast, exploit, or otherwise make unauthorized use of the Services or Reslify Content without the prior written consent of Reslify;
q. Remove, bypass, circumvent, disable, damage, disrupt, or otherwise interfere (or attempt to) with the Service, networks or servers connected to the Service, any activities conducted on the Service, any security-related features of the Service, features that prevent or restrict the access, use, or copying of any part of the Service, or features that enforce limitations on the use of the Service or any content therein;
r. Use any robot, spider, scraper, script, crawler, or other automated means to access, crawl, harvest, or scrape the Service or any content on the Service;
s. Run any form of an autoresponder or “spam” on the Service;
t. Transmit or upload any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious software programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of ours or of any third party; or
u. Otherwise take any action in violation of our guidelines and policies.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
The use by you, or anyone authorized by you, of machines, computers, scripts, or any automated system on the Service is strictly prohibited and may result in criminal liability under the Computer Fraud and Abuse Act, Section 1030 of the United States Code and/or under applicable laws in other jurisdictions.
11. Indemnification
You agree to indemnify, defend and hold harmless Reslify, its employees, directors, officers, agents, business partners, affiliates, subsidiaries, or any related companies, licensors and suppliers, contractors, distribution partners, representatives and other Reslify users who use any Content you make available via the Service, from and against any and all claims, damages, injuries, obligations, demands, losses, liabilities, costs or expenses, including accounting and attorney’s fees and costs, arising from, or related to (a) your use or misuse of the Service (including Your use or misuse of Third-Party Content); (b) your Content; (c) any breach by you of any of these Terms; (d) your violation of the rights of any other person or entity, including without limitation, any copyright, property or privacy right; and (e) any violation of applicable law. Reslify may, at your expense, 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. You may not settle any matter subject to indemnification under this Section without prior written consent from Reslify. Reslify will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
12. Disclaimer of Warranty
The Service (including, without limitation, the website, Reslify content, and any other product, service, or information provided by Reslify), User Content, Third-Party Content, and any other software, services, or applications made available in conjunction with or through the Service, are provided on an “as is”, “as available”, “with all faults” basis without representations or warranties of any kind, either express, implied, or statutory, including, but not limited to, in terms of correctness, accuracy, reliability, completeness or otherwise. To the fullest extent permissible by applicable law, your use of the Services is at your own risk and Reslify hereby disclaims all warranties of any kind, either express or implied, including any warranty of merchantability, fitness for a particular purpose, title, non-infringement, or arising from a course of dealing, with respect to the Service.
Reslify does not warrant that the functions contained in the Services, or any materials or content contained therein will be uninterrupted or error-free, that defects will be corrected, or that the services that makes it available is free of viruses or other harmful components. To the fullest extent permitted by law, Reslify shall not be liable for the use of the Services, including, without limitation, the content and any errors contained therein.
Reslify assumes no liability or responsibility for any (i) errors, mistakes, omissions, or inaccuracies of the Service or the Content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service, (iii) any unauthorized access to or use of our secure servers and/or any and all Personal Information and/or financial information stored therein, (iv) interruption or cessation of transmission to or from the Service, (v) bugs, viruses, trojan horses, or the like which may be transmitted to or through the Service, and/or (vi) loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available via the Service.
Reslify does not warrant, endorse, guarantee, or assume responsibility for any experience or item advertised or offered through the Service, since Reslify is not involved in the actual Reservation or Transaction process. If a dispute arises between parties, each party releases Reslify and our affiliates (and our respective employees, directors, agents, and representatives) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
13. Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL RESLIFY, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES BE LIABLE TO ANY PARTY (A) FOR ANY EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, DIRECT, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST USE, LOST DATA, LOST BUSINESS, LOST OPPORTUNITIES, LOST GOODWILL, COSTS OF COVER, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, PERSONAL INJURY/WRONGFUL DEATH), ARISING OUT OF OR IN CONNECTION WITH (I) YOUR VISIT TO A LOCATION AND YOUR EXPERIENCE WITH THE LOCATION; (II) YOUR USE OR ACCESS OF THE SERVICE, RESLIFY CONTENT, OR THE WEBSITE; OR (III) THE COMPLIANCE OR NON-COMPLIANCE OF A LOCATION IN CONJUNCTION WITH THE SERVICE, EVEN IF RESLIFY IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, (B) IN THE AGGREGATE FOR ANY DIRECT DAMAGES ARISING OUT OF THE SERVICE OR CLAIMED UNDER THESE TERMS GREATER THAN ONE HUNDRED DOLLAR ($100).
14. Severability
If any part of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms and the remaining provisions shall remain in full force and effect.
15. Waiver; Remedies
Reslify’s failure to enforce any provision of these Terms will not waive any prior or future performance of any such provision.
The rights and remedies of Reslify under these Terms and any other applicable agreement between you and Reslify shall be cumulative, and the exercise of any such right or remedy shall not limit Reslify's right to exercise any other right or remedy.
16. Our Responsibilities
Reslify may, but is not required to, (a) update the Content on the Service from time to time; (b) monitor or review this Service for violations of these Terms and for compliance with our policies; (c) report to law enforcement authorities and/or take legal action against anyone who violates these Terms; (d) refuse or restrict access to or the availability of the Service, or remove or disable (to the extent technologically feasible) any Content or any portion thereof that may violate these Terms, the law, or any of our policies or are excessive in size or burdensome without prior notice to you; and/or (e) manage this Service in a manner designed to protect our and third parties’ rights and property or to facilitate the proper functioning of this Service. Without limiting any other provision of the Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of this Service to any person for any reason or for no reason at all, including without limitation for breach of any representation, warranty, or covenant contained in the Terms, or of any applicable law or regulation.
17. Dispute Resolution
a. Governing Law. These Terms, for all purposes, will be governed and interpreted according to the laws of the State of Delaware, without giving effect to its conflicts of laws provisions that would require a different result.
b. Arbitration. Any dispute against Reslify arising out of these Terms that may not be brought in small claims court will be resolved by binding and confidential arbitration conducted in the English language, in Delaware, or at some other place to which you and Reslify agree in writing, before one commercial arbitrator from the American Arbitration Association (“AAA”) with substantial experience in resolving commercial contract disputes and governed by the AAA’s Commercial Arbitration Rules (the “Rules”), no matter what legal theory they are based on or what remedy (damages, or injunctive or declaratory relief) they seek. The arbitration will follow the procedures and rules of the American Arbitration Association which are in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with these Terms, in which case these Terms will prevail.
i. YOU ARE GIVING UP YOUR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY FOR ANY DISPUTE ARISING UNDER THESE TERMS, EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. YOU ARE ENTITLED TO A FAIR HEARING, BUT THE ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN THE RULES APPLICABLE IN COURT. ARBITRATOR DECISIONS ARE AS ENFORCEABLE AS ANY COURT ORDER AND ARE SUBJECT TO VERY LIMITED REVIEW BY A COURT.
ii. ANY CLAIMS BROUGHT BY EITHER PARTY MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR REPRESENTATIVE PROCEEDING OF ANY KIND, AND THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF.
iii. The arbitrator's award is final and binding on the parties unless we or you appeal it in writing to the arbitration firm within fifteen (15) days of notice of the award. The appeal must request a new arbitration before a panel of three neutral arbitrators designated by the American Arbitration Association. An award by a panel is final and binding on the parties after fifteen (15) days have passed except as permitted by State of Delaware law or United States federal law. Any Claim you have must be commenced within one (1) year after the date the Claim arises. Each party will bear its own costs with respect to the arbitration procedure.
iv. Notwithstanding the foregoing, (1) either party may bring an individual action in small claims court, and (2) claims of (A) defamation, (B) violation of the Computer Fraud and Abuse Act, or (C) infringement or misappropriation of the other party’s intellectual property rights, may be exclusively brought in the state or federal courts located in Delaware. The parties agree to submit to the exclusive personal jurisdiction of such courts for such purpose. A request for equitable relief will not be deemed a waiver of the right to arbitrate.
c. Enforceability. With the exception of Section 18(b)(i), if any part of Section 18(b) is deemed to be invalid or unenforceable for any reason then the balance of Section 18(b) will remain in effect. If, however, Section 18(b)(i) is found to be invalid or unenforceable for any reason, then Section 18(b) will be null and void, neither party will be entitled to arbitration, and any claims relating to the Terms or Service will be exclusively brought in a state or federal court located in Delaware.
18. Modification of the Terms
Reslify may update or modify the Terms at any time without prior notice. The latest update date of these Terms will be specified at the top of the page. Your use of the Service following any such change constitutes your agreement to be bound by the modified Terms. You are responsible to check this page frequently to stay informed of the latest modifications. If you choose to opt out of our revised Terms, you must stop accessing and using the Service immediately. Disputes arising under these Terms will be resolved in accordance with the version of the Terms in place at the time the dispute arose.
All information posted on the Services is also subject to change at any time without notice, by removing from, adding to, or modifying the Service. We shall have no liability to you for any such modifications. Your continued access or use of the Service following such changes constitutes and signifies your full acceptance of such changes.
19. Miscellaneous
No joint venture, partnership, employment, or agency relationship exists between you and Reslify as a result of these Terms or your use of the Service. The Terms, and any rights and licenses granted hereunder, may not be transferred, or assigned by you, but may be assigned by Reslify without restriction, including by operation of law, merger, reincorporation, recapitalization, or sale of all or substantially all Reslify’s assets. Any assignment attempted to be made in violation of these Terms will be void. The headings and captions in this Agreement are used for convenience only and are not to be considered in interpreting this Agreement. As used herein, “include” and its derivatives are exemplary, not exhaustive, and “may” means “has the right, but not the obligation, to.” These Terms apply to any use from the United States and any other location outside the United States. The contract language is exclusively English, and translations into other languages only to inform you. The English version of this Agreement and any notice or other document relating to this Agreement shall prevail if there is a conflict.
The Services are provided by:
RESLIFY LLC
8 The Green, Suite B
Dover, DE 19901 USA
support@reslify.com