Last Modified: May 27, 2026
Welcome to RESERVE!
These Terms of Service (these “Terms”) describe the terms and conditions by which you may access and/or use the website(s), including https://reserve.ag, https://portal.reserve.ag, and any and all related software, documentation, and online, mobile-enabled, and/or digital services (collectively, the “Service”) provided by Reserve AG Corporation (including its successors and assigns, “Reserve,” “we,” “our,” or “us”). By accessing and/or using the Service, you’re agreeing to these Terms and acknowledging that you have read and understood our Privacy Notice. If you don’t agree to these Terms, you may not use the Service. We reserve the right to modify these Terms, as described below. These Terms apply to all visitors and users of the Service, and to all others who access the Service (collectively, “Users,” and, as applicable to you, “you” or “your”).
PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION PROVISION IN SECTION 14.2 (THE “ARBITRATION AGREEMENT”) AND A CLASS ACTION/JURY TRIAL WAIVER PROVISION IN SECTION 14.3 (THE “CLASS ACTION/JURY TRIAL WAIVER”) THAT REQUIRE, UNLESS YOU OPT OUT PURSUANT TO THE INSTRUCTIONS IN THE ARBITRATION AGREEMENT, THE EXCLUSIVE USE OF FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES BETWEEN YOU AND US, INCLUDING ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE YOU AGREED TO THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (AS DEFINED BELOW), YOU EXPRESSLY WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS, AS WELL AS YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION OR PROCEEDING.
The Service provides restaurants and consumers with access to a reservation optimization platform allowing consumers to make reservations at participating restaurants and grants consumers rewards to book restaurant reservations at off-peak times. Reserve is a technology company and not a financial services company or money transmitter, and does not receive or exercise control over any funds remitted to restaurants or any third party in connection with the Service.
This is a contract between you and Reserve. You must read and agree to these Terms before using the Service. You may use the Service only if you can form a legally binding contract with us, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations (“Applicable Law”). To use the Service, you must be at least 18 years old (or the age of majority in your jurisdiction). The Service is not available to any Users we previously removed from the Service.
(a) Your User Account; Suspension and Termination. Your account on the Service (your “User Account”) gives you access to certain services and functionalities that we may, in our sole discretion, establish and maintain as part of the Service from time to time. We may, with or without prior notice, permanently terminate or temporarily suspend your access to your User Account and/or the Service without liability and for any or no reason, including if you violate any provision of these Terms. Additionally, you may de-activate your User Account at any time. We may, with or without prior notice, change or stop providing the Service, to you or to Users generally, or create usage limits for the Service.
(b) Connecting Via Third-Party Services. By connecting to the Service via a third-party service, you give us permission to access and use your information from that service.
(c) Account Security. You may never use another User’s User Account without such User’s permission. You are solely responsible for the activity that occurs on your User Account, you will keep your User Account password(s) and/or any other authentication credentials secure, and you will not share your password(s) and/or any other authentication credentials with anyone else. We encourage you to use “strong” passwords (passwords that use a combination of upper- and lower-case letters, numbers, and symbols) to protect your User Account. We will not be liable for, and expressly disclaim liability for, any losses caused by any unauthorized use of your User Account and/or any changes to your User Account. You will notify us immediately of any breach of security or unauthorized use of your User Account.
(d) Account Settings. You may control certain aspects of your User Account and any associated User profile, and of the way you interact with the Service, by changing the settings in your settings page. By providing us with your email address, you consent to our using that email address to send you Service-related notices. If we send you marketing-related emails, you may opt out of receiving them or change your preferences by contacting the Service support team at support@reserve.ag or by clicking on the “unsubscribe” link within a marketing email. Opting out will not prevent you from receiving Service-related notices.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS, INCLUDING SHARING OF INFORMATION, WITH OTHER USERS. WE RESERVE THE RIGHT TO MONITOR DISPUTES BETWEEN YOU AND OTHER USERS. WE EXPRESSLY DISCLAIM ALL LIABILITY ARISING FROM YOUR INTERACTIONS WITH OTHER USERS, AND FOR ANY USER’S ACTION OR INACTION.
You acknowledge and understand that restaurant partners accessible through the Service may maintain their own reservation, cancellation, and dining policies. Where applicable, such restaurant-specific policies will be disclosed to you at the time of booking your Reservation (as defined below). In the event of a conflict between these Terms and the policies of a restaurant partner with respect to matters within Reserve's control, these Terms will govern. Reserve is not responsible for the independent policies of restaurant partners.
Subject to your compliance with these Terms and any documentation we may make available to you, you are hereby granted a non-exclusive, limited, non-transferable, and freely revocable right to access and use the Service, solely for your personal use or internal business purposes, as permitted by the features of the Service. We reserve all rights not expressly granted herein in and to the Service.
Except to the extent a restriction is prohibited by Applicable Law, you will not do, and will not enable any third party to do, any of the following:
You understand and acknowledge that we (or our licensors (including other Users), as applicable) own and will continue to own all rights (including intellectual property rights), title, and interest in and to the Service, all materials and content displayed or otherwise made available on and/or through the Service, and all software, algorithms, code, technology, and intellectual property underlying and/or included in or with the Service. Use of any intellectual property for any purpose not expressly permitted by these Terms is strictly prohibited.
We may collect, or you may provide to us, diagnostic, technical, usage, and/or related information, including information about your computers, mobile devices, systems, and software (collectively, “Usage Data”). All Usage Data is and will be owned solely and exclusively by us, and, to the extent any ownership rights in or to the Usage Data vest in you, you hereby assign to us all rights (including intellectual property rights), title, and interest in and to same. Accordingly, we may use, maintain, and/or process the Usage Data or any portion thereof for any lawful purpose, including, without limitation: (a) to provide and maintain the Service; (b) to improve our products and services (including the Service), and to develop new products, services, and/or features; (c) to monitor your usage of the Service; (d) for research and analytics, including, without limitation, data analysis, identifying usage trends, and/or customer research; and (e) to share analytics and other derived Usage Data with third parties, solely in de-identified or aggregated form. The Service may contain technological measures designed to prevent unauthorized or illegal use of the Service; you understand and acknowledge that we may use these and other lawful measures to verify your compliance with these Terms and to enforce our rights, including intellectual property rights, in and to the Service.
Some software used in our Service may be offered under an open source license that we make available to you. There may be provisions in an open source license that expressly override some of these terms, so please be sure to read those licenses.
To the extent you provide us any suggestions, recommendations, or other feedback relating to the Service or to any other Reserve products or services (collectively, “Feedback”), you hereby assign to us all rights (including intellectual property rights), title, and interest in and to the Feedback, without providing any attribution or compensation to you or to any third party. Please treat Feedback as our Confidential Information (as defined below).
The Service may include non-public, proprietary, or confidential information of Reserve and/or of other Users (“Confidential Information”). Confidential Information includes any information that should reasonably be understood to be confidential given the nature of the information and the circumstances of disclosure, including non-public business, product, technology, and marketing information. You will: (a) protect and safeguard the confidentiality of all Confidential Information with at least the same degree of care as you would use to protect your own highly sensitive confidential information, but in no event with less than a reasonable degree of care; (b) not use any Confidential Information for any purpose other than to exercise your rights, or to perform your obligations, under these Terms; and (c) not disclose any Confidential Information to any person or entity, except your service providers or financial or legal advisors who/that (i) need to know the Confidential Information and (ii) are bound by non-use and non-disclosure restrictions at least as restrictive as those set forth in this Section.
Certain aspects of the Service may be provided for free, while certain other aspects of the Service may require fees, including booking reservations and failing to attend reservations as further described in Section 6 (“Fees”). When you book a reservation at a restaurant through the Service (“Reservation”), you may be charged a Reservation Fee at a price that will be disclosed to you prior to confirmation. By electing to use paid aspects of the Service, you agree to the pricing and payment terms applicable to you, as may be made available on our website or via your User Account, and as incorporated by reference herein. We may add new products and/or services for additional Fees, and we may add or amend Fees for existing products and/or services. Additionally, all Fees for Reservations are subject to change at any time prior to booking confirmation, and the Fees applicable at the time of your booking confirmation will govern.
Except as may be expressly stated in these Terms, all Fees must be paid in advance, payment obligations are non-cancelable once incurred (subject to any cancellation rights set forth in these Terms), and Fees paid are non-refundable (except as set forth in Section 6.3). Fees are stated exclusive of any taxes, levies or duties (collectively, but, for clarity, excluding taxes based on our net income, “Taxes”). You will be responsible for paying all Taxes associated with your purchases in connection with the Service.
(a) General. To use paid aspects of the Service, you must provide at least one (1) valid payment card (each such card, a “Payment Method”) that is accepted by us and our third-party payment processor which we engage to process payments Users make in connection with the Service (“Payment Processor”). Fees and Taxes will be charged to your Payment Method on the specific payment date indicated in your User Account. We may authorize your Payment Method in anticipation of Service-related charges through various methods.
(b) Third-Party Payment Processor. We or Payment Processor will attempt to verify your Payment Method(s), and may do so by processing an authorization hold, which is standard practice. To the extent Payment Processor processes payments made by you, you will be subject to terms and conditions governing the use of Payment Processor’s service. Please review such terms and conditions as well as Payment Processor’s privacy notice (each of which is available on Payment Processor’s website). You acknowledge and understand that Payment Processor may collect and retain third-party fees whenever you pay Fees. Payment must be received by Payment Processor before our acceptance of a Reservation. For all payments, Payment Processor will collect your Payment Method details and charge your chosen Payment Method in connection with a Reservation. If any of your account, order, or Payment Method information changes, you will promptly update such information, so that we or Payment Processor may complete your transaction(s) and/or contact you, as needed.
(c) Payment Representations and Warranties. You represent and warrant that: (i) the account, order, and Payment Method information you supply to us and/or to Payment Processor, as applicable, is true, accurate, correct, and complete; (ii) you are duly authorized to use the Payment Method(s); (iii) you will pay any and all charges incurred by users of your Payment Method in connection with the Service, including any applicable Fees (at the prices in effect when such charges are incurred) and Taxes; (iv) charges incurred by you will be honored by your Payment Method company.
(d) Disclaimer. WE DISCLAIM ANY AND ALL LIABILITY WITH RESPECT TO, AND YOU UNDERSTAND AND ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR: (I) ANY SECURITY OR PRIVACY BREACHES RELATED TO YOUR CREDIT CARD OR OTHER PAYMENT METHOD, (II) ANY FEES THAT MAY BE CHARGED TO YOU BY YOUR BANK IN CONNECTION WITH THE COLLECTION OF FEES, AND/OR (III) ANY UNAUTHORIZED USE OF YOUR CREDIT CARD, DEBIT CARD, OR OTHER PAYMENT METHOD BY A THIRD PARTY.
6.1 Reserve may make available cash-back incentives (each a “Cash-Back Incentive”) for certain Reservations at participating restaurants. The applicable Cash-Back Incentive, if any, will be displayed to you at the time of booking your Reservation, and the displayed amount will represent the consideration applicable to that Reservation. Once earned, Cash-Back Incentives will be credited to your Digital Wallet (as defined in Section 6.4) following the completion of your Reservation. Reserve reserves the right to modify or discontinue the Cash-Back Incentive program with respect to future Reservations at any time, but such modifications will not affect Cash-Back Incentives associated with Reservations already confirmed at the time of such modification.
Reservation Fees and Cash-Back Incentives are determined by Reserve’s pricing algorithm and may change over time based on factors including demand, time remaining before the Reservation, and venue characteristics. The price displayed at the time of booking confirmation is the price applicable to that booking. All Users are offered the same price for the same Reservation at the same time; Reserve does not engage in personalized pricing.
6.2 At the time of confirming a Reservation, in addition to the Reservation Fee, a hold will be placed on your Payment Method in an amount equal to the applicable restaurant partner's no-show fee, as disclosed to you at the time of booking (the “Deposit Hold”). By confirming a Reservation, you authorize Reserve and/or Payment Processor to place the applicable Deposit Hold on your Payment Method at the time of booking. The Deposit Hold is not a charge; it is a pre-authorization hold pending the outcome of your Reservation. The Deposit Hold will be released in full when you attend and complete your Reservation in accordance with these Terms and any applicable restaurant partner policies. Release of the Deposit Hold will be processed within a commercially reasonable time following the date of your Reservation, subject to the processing timelines of your financial institution and Payment Processor. Reserve shall have no liability for any delays in the release of the Deposit Hold attributable to your financial institution or Payment Processor.
(a) If, without proper cancellation in accordance with these Terms and any applicable restaurant partner policies, you fail to attend your Reservation, attend your reservation more than fifteen (15) minutes following the time scheduled for such Reservation, or attend your Reservation with fewer guests than set forth in your Reservation (a “No-Show”), the Deposit Hold may be retained by Reserve, in whole or in part, in an amount not to exceed the applicable restaurant partner’s no-show fee as disclosed to you on the Service at the time of booking. In the event of a No-Show, the amount captured may be less than the full no-show fee depending on the circumstances of your arrival and party size, in accordance with the calculation methodology disclosed at the time of booking and described on the Service. Separately, if cancellation of your Reservation results in an amount owed by you to Reserve that cannot be satisfied from Fees previously paid by you or any pending cash-back or other credits attributable to such Reservation, the Deposit Hold may be applied, in whole or in part, to the extent of such uncollected amount, and any remainder of the Deposit Hold will be released to you. You will not be entitled to any refund or release of captured amounts in the event of a No-Show, except as provided by the No-Show Dispute process described below. You acknowledge and agree that the capture of the Deposit Hold in such circumstances represents a reasonable pre-estimate of the losses incurred by Reserve and/or the applicable restaurant partner arising from your failure to attend the Reservation, and is not a penalty.
(b) You may cancel a Reservation at any time prior to your scheduled Reservation. Cancellation of a Reservation operates as your sale of that Reservation to Reserve at its then-current dynamically-priced market value, as determined by Reserve's pricing algorithm at the time of cancellation (the “Current Market Value”). The amount (if any) you receive upon such cancellation (the “Cancellation Settlement”) will reflect the Current Market Value of the Reservation at the time of cancellation, which may be greater than, equal to, or less than the original price you paid for such Reservation. Depending on various factors, including the time remaining before the Reservation, the Current Market Value may be zero. Reserve does not guarantee that any Cancellation Settlement will equal or exceed your original purchase price, or that any Cancellation Settlement will be due. Cancellation Settlements, if any, will be returned first to the original Payment Method used for the applicable Reservation, up to the amount originally charged to that Payment Method, and any remaining portion of the Cancellation Settlement, together with any amount by which the Current Market Value exceeds your original purchase price, will be credited to your Digital Wallet in accordance with Section 6.4. Amounts returned to a Payment Method may be reduced by a payment processing fee equal to three percent (3%) of the amount originally charged to that Payment Method, to cover non-recoverable payment processing costs; this fee does not apply to any portion of the original purchase price paid from your Digital Wallet. The amount and composition of any Cancellation Settlement, including any applicable processing fee, will be disclosed to you prior to your confirmation of the cancellation. Upon cancellation, the applicable Reservation slot may be made available for booking by other Users of the Service at Reserve's sole discretion.
(c) No-Show Disputes. If you believe that a No-Show fee was not appropriately charged, you may submit a dispute to Reserve within fourteen (14) days of the date the applicable No-Show fee was charged to your Payment Method (a “No-Show Dispute”). No-Show Disputes must be submitted through the Service or by contacting Reserve’s support team in the manner specified on the Service. Reserve will review each No-Show Dispute and make a determination regarding whether the applicable No-Show fee was appropriately charged, in its sole discretion. If Reserve determines that the No-Show fee was not appropriately charged, Reserve may, in its sole discretion, issue a full or partial refund of the No-Show fee to your original Payment Method or Digital Wallet. Reserve’s determination with respect to any No-Show Dispute shall be final and binding, and you agree not to pursue any further claims against Reserve with respect to the subject matter of such No-Show Dispute following Reserve’s determination. For the avoidance of doubt, this No-Show Dispute process applies solely to the determination of whether a No-Show fee was appropriately charged and does not extend to disputes regarding the underlying dining experience, restaurant partner policies, or the quality of any service provided by a restaurant partner. YOU ACKNOWLEDGE AND AGREE THAT RESERVE AND THE RESERVE INDEMNITEES SHALL HAVE NO LIABILITY WHATSOEVER WITH RESPECT TO THE UNDERLYING RESTAURANT EXPERIENCE, INCLUDING WITHOUT LIMITATION ANY DISPUTE BETWEEN YOU AND A RESTAURANT PARTNER REGARDING THE QUALITY, SAFETY, OR SUITABILITY OF ANY FOOD, BEVERAGE, OR DINING EXPERIENCE, AND YOU HEREBY RELEASE RESERVE AND THE RESERVE INDEMNITEES FROM ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS, AND EXPENSES ARISING OUT OF OR RELATING TO ANY SUCH DISPUTE. You agree to direct any complaints or claims regarding matters outside the scope of the No-Show Dispute process set forth in this Section 6.3(c), including complaints regarding restaurant partner services, exclusively to the applicable restaurant partner.
(a) General. Each User Account has a digital wallet made available through Payment Processor (your “Digital Wallet”). Your Digital Wallet may hold the following types of funds: (i) Cash-Back Incentives earned upon the completion of eligible Reservations pursuant to Section 6.1; (ii) the portion of any Cancellation Settlement credited to your Digital Wallet upon the cancellation of a Reservation in accordance with Section 6.3; and (iii) Surplus Distributions, representing fees collected by Reserve in excess of obligations within a given settlement period, allocated to eligible Users in accordance with Reserve’s then-current distribution methodology, as described on the Service (“Surplus Distributions”). Reserve may modify the distribution methodology from time to time and will provide notice of any material modifications through the Service or through other communication channels.
(b) Use of Wallet Funds. Digital Wallet balances may be applied exclusively toward the purchase price of future Reservations made through the Service.
(c) Withdrawals. You may request a withdrawal of available Digital Wallet funds to an eligible bank account via bank transfer. Payment Processor will process withdrawal requests in accordance with its then-current withdrawal procedures, as made available through the Service. Payment Processor reserves the right to establish minimum withdrawal amounts, processing timelines, and any applicable fees in connection with withdrawals, each of which will be disclosed to you at the time of your withdrawal request. Withdrawals are subject to identity verification and compliance checks as required by Applicable Law, and Payment Processor reserves the right to suspend or delay withdrawal processing pending resolution of any account-level dispute or investigation.
(d) Disclaimer. Digital Wallet balances do not constitute deposits, are not insured by the Federal Deposit Insurance Corporation or any other governmental agency, and do not bear interest. Reserve is not a bank or financial institution, and Digital Wallet funds are not held in a trust or escrow account on your behalf. In the event of Reserve's insolvency or cessation of operations, Digital Wallet balances may not be recoverable, and you are solely responsible for monitoring and managing your Digital Wallet balance.
We care about your privacy. To provide and enhance the Service, we may need to be able to identify you and your interests, and we use your personal data to do this. By using the Service, you acknowledge that we may collect, use, and disclose your personal information and aggregated and/or anonymized data as set forth in our Privacy Notice, and that your personal information may be transferred to, and/or processed in, the United States.
We care about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or to use your data for improper purposes. You acknowledge that you provide your data at your own risk.
You may provide us with your telephone number as part of creating your User Account or otherwise. By providing a telephone number, you consent to receiving autodialed or prerecorded calls and/or text messages from us, or on our behalf, at such telephone number. We may place such calls or send such texts to (a) help keep your User Account secure through the use of multi-factor authentication (“MFA”); (b) help you access your User Account if you are experiencing difficulties; and/or (c) as otherwise necessary to service your account or enforce these Terms, our policies, Applicable Law, or any other agreement we may have with you. Part of the MFA identity-verification process may involve Reserve sending text messages containing security codes to the telephone number you provided, and you agree to receive such texts from or on behalf of Reserve.
You expressly consent and agree to Reserve contacting you using written, electronic, and/or verbal means, including manual dialing, emails, prerecorded/artificial voice messages, and/or using an automatic telephone dialing system to call or text your mobile/cellular telephone number, as necessary to complete transactions requested by you and to service your account, and as permitted by Applicable Law, in each case even if the phone number is registered on any United States federal and/or state Do-Not-Call/Do-Not-email registry/ies. Message and data rates apply. For purposes of clarity, the text messages described in this paragraph are transactional text messages, not promotional text messages.
Additionally, we offer you the chance to enroll to receive recurring SMS/text messages from Reserve. You may enroll to receive text messages about account-related news and alerts and/or Promotional Offers (including cart reminders) and marketing related to Reserve products and/or services. By enrolling in Reserve’s SMS/text messaging service, you agree to receive text messages from Reserve to the mobile phone number provided by you, and you certify that such mobile number is true and accurate and that you are authorized to enroll such mobile number to receive such texts. You acknowledge and agree that the texts may be sent using an automatic telephone dialing system and that message and data rates apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider. Message frequency varies. Consent is not required as a condition of purchase. To the extent permitted by Applicable Law, we are not responsible for any delays upon sending or receiving text messages.
You may opt out from promotional text messages at any time. To unsubscribe from promotional text messages, text or reply “STOP,” “QUIT,” “END,” “CANCEL,” or “UNSUBSCRIBE” to the number from which you received the text from the mobile device receiving the messages, or to the other phone number provided by Reserve (if any) for such purpose. You consent that following such a request to unsubscribe, you may receive one (1) final text message from or on behalf of Reserve confirming your request. For help, please contact us at support@reserve.ag.
The service may contain links to third-party sites, materials, and/or services (collectively, “Third-Party Services”) that are not owned or controlled by us, and certain functionalities of the service may require your use of third-party services, to which you are subject to and agree to the third party’s terms and conditions made available via its services. We do not endorse or assume any responsibility for any third-party services. If you access a third-party service from the service, you do so at your own risk, and you understand that these terms and our Privacy Notice do not apply to your use of any third-party service. You expressly relieve us from any and all liability arising from your access to and/or use of any third-party service. Additionally, your dealings with, or participation in promotions of, advertisers found on the service are solely between you and such advertisers. You understand and acknowledge that we will not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
You hereby release us from all claims, damages (whether direct, indirect, incidental, consequential, or otherwise), obligations, losses, liabilities, costs, debts, and expenses, in each case of every kind and nature, known and unknown, arising out of a dispute between you and a third party (including any other User) in connection with the Service. In addition, you waive any Applicable Law that says, in substance: “a general release does not extend to claims which the releasing party does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her, would have materially affected his or her settlement with the released party.
You will defend, indemnify, and hold us and our subsidiaries and affiliates, and our and their respective agents, suppliers, licensors, employees, contractors, officers, and directors (collectively, including Reserve, the “Reserve Indemnitees”) harmless from and against any and all claims, damages (whether direct, indirect, incidental, consequential, or otherwise), obligations, losses, liabilities, costs, debts, and expenses (including, but not limited to, legal fees) arising from: (a) your access to and/or use of the Service; (b) your violation of any term of these Terms; (c) your violation of any third-party right, including, without limitation, any privacy right or intellectual property right; (d) your violation of any Applicable Law; (e) your willful misconduct; or (f) any third party’s access to and/or use of the Service with your authentication credential(s).
The service is provided on an “as is” and “as available” basis. To the maximum extent permitted by applicable law, the service, the intellectual property, and any other information available on or through the service are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and/or non-infringement. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NONE OF THE Reserve INDEMNITEES WARRANTS THAT ANY CONTENT OR ANY OTHER INFORMATION CONTAINED IN, OR AVAILABLE VIA, THE SERVICE IS ACCURATE, COMPREHENSIVE, RELIABLE, USEFUL, OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS SO OBTAINED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM(S) OR MOBILE DEVICE(S) AND/OR FOR LOSS OF DATA THAT RESULTS FROM SAME OR FROM YOUR ACCESS TO AND/OR USE OF THE SERVICE. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, WILL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY APPLICABLE LAW.
Further, Reserve does not warrant, endorse, guarantee, recommend, or assume responsibility for any product or service advertised or offered by any third party through the service or any hyperlinked website or service, and Reserve will not be a party to, or in any way monitor, any transaction between you and third-party providers of products or services.
To the maximum extent permitted by applicable law, in no event will any Reserve indemnitee be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, or data, or other intangible losses, arising out of or relating to the use of, or inability to use, the service or any portion thereof. Under no circumstances will we be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access to or use of the service or your user account or the information contained therein. In no event will any Reserve indemnitee be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding the amount you paid to us hereunder or one hundred U.S. Dollars ($100.00), whichever is greater. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. Reserve makes no warranty, representation, or guarantee regarding the quality, safety, or suitability of any food, beverage, or dining experience provided by a restaurant partner in connection with a Reservation, and expressly disclaims all liability in connection therewith.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE OR ATTENDING ANY RESTAURANT IN CONNECTION WITH A RESERVATION MADE THROUGH THE SERVICE; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVERS RUNNING THE SERVICE AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (G) YOUR DATA OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
The disclaimers, exclusions, and limitations of liability under these terms will not apply to the extent prohibited by applicable law.
These Terms will be governed by the laws of the State of New York, without respect to its conflict of laws principles. Notwithstanding the preceding sentences with respect to the substantive law governing these Terms, the Federal Arbitration Act (9 U.S.C. §§ 1-16) (as it may be amended, “FAA”) governs the interpretation and enforcement of the Arbitration Agreement below and preempts all state laws (and laws of other jurisdictions) to the fullest extent permitted by Applicable Law. If the FAA is found to not apply to any issue that arises from or relates to the Arbitration Agreement, then that issue will be resolved under and governed by the law of the U.S. state where you live (if applicable) or the jurisdiction mutually agreed upon in writing by you and us. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the exclusive personal jurisdiction of the federal and state courts located in New York for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Confidential Information, or intellectual property rights, as set forth in the Arbitration Agreement below, including any provisional relief required to prevent irreparable harm. You agree that New York is the proper and exclusive forum for any appeals of an arbitration award, or for trial court proceedings in the event that the Arbitration Agreement below is found to be unenforceable. These Terms were drafted in the English language and this English language version of the Terms is the original, governing instrument of the understanding between you and us. In the event of any conflict between the English version of these Terms and any translation, the English version will prevail.
(a) General. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. This Arbitration Agreement applies to and governs any dispute, controversy, or claim between you and us that arises out of or relates to, directly or indirectly: (i) these Terms; (ii) access to or use of the Service, including receipt of any advertising or marketing communications; (iii) any transactions through, by, or using the Service; or (iv) any other aspect of your relationship or transactions with us as a User or consumer (each, a “Claim,” and, collectively, “Claims”). This Arbitration Agreement will apply, without limitation, to all Claims that arose or were asserted before or after your consent to these Terms.
(b) Opting Out of Arbitration Agreement. If you are a new User, you can reject and opt out of this Arbitration Agreement within thirty (30) days of accepting these Terms by emailing us at support@reserve.ag with your full, legal name and stating your intent to opt out of this Arbitration Agreement. Opting out of this Arbitration Agreement does not affect the binding nature of any other part of these Terms, including the provisions regarding controlling law or the courts in which any disputes must be brought.
(c) Dispute-Resolution Process. For any Claim, you will first contact us at support@reserve.ag and attempt to resolve the Claim with us informally. In the unlikely event that we have not been able to resolve a Claim after sixty (60) days, we each agree to resolve such Claim exclusively through binding arbitration by JAMS before a single arbitrator (the “Arbitrator”), under the Optional Expedited Arbitration Procedures then in effect for JAMS (the “Rules”), except as provided herein. JAMS may be contacted at www.jamsadr.com, where the Rules are available. In the event of any conflict between the Rules and this Arbitration Agreement, this Arbitration Agreement will control. The arbitration will be conducted in the U.S. county where you live (if applicable) or New York County, New York, unless you and Reserve agree otherwise. If you are using the Service for commercial purposes, each party will be responsible for paying any JAMS filing and administrative fees and Arbitrator fees in accordance with the Rules, and the award rendered by the Arbitrator will include costs of arbitration, reasonable attorneys’ fees, and reasonable costs for expert and other witnesses. If you are an individual using the Service for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the Arbitrator may include your costs of arbitration, your reasonable attorneys’ fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this would not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the Arbitrator may be entered in any court of competent jurisdiction. You and we agree that the Arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any disputes relating to the scope, interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator will also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms are, or whether any provision of these Terms is, unconscionable or illusory, and any defense to arbitration, including waiver, delay, laches, unconscionability, and/or estoppel.
(d) Equitable Relief. NOTHING IN THIS ARBITRATION AGREEMENT WILL BE DEEMED AS: PREVENTING US FROM SEEKING INJUNCTIVE OR OTHER EQUITABLE RELIEF FROM THE COURTS AS NECESSARY TO PREVENT THE ACTUAL OR THREATENED INFRINGEMENT, MISAPPROPRIATION, OR VIOLATION OF OUR DATA SECURITY, CONFIDENTIAL INFORMATION, OR INTELLECTUAL PROPERTY RIGHTS; OR PREVENTING YOU FROM ASSERTING CLAIMS IN A SMALL CLAIMS COURT, PROVIDED THAT YOUR CLAIMS QUALIFY AND SO LONG AS THE MATTER REMAINS IN SUCH COURT AND ADVANCES ON ONLY AN INDIVIDUAL (NON-CLASS, NON-COLLECTIVE, AND NON-REPRESENTATIVE) BASIS.
(e) Severability. If this Arbitration Agreement is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, will be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, will have no impact on the remaining provisions of this Arbitration Agreement, which will remain in force, or on the parties’ ability to compel arbitration of any remaining Claims on an individual basis pursuant to this Arbitration Agreement. Notwithstanding the foregoing, if the Class Action/Jury Trial Waiver below is found to be void, unenforceable, or unlawful, in whole or in part, because it would prevent you from seeking public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in a civil court of competent jurisdiction. All other claims for relief subject to arbitration under this Arbitration Agreement will be arbitrated under its terms, and the parties agree that litigation of any dispute regarding the entitlement to public injunctive relief will be stayed pending the outcome of any individual claims in arbitration.
BY ENTERING INTO THESE TERMS, YOU AND Reserve ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO BRING, JOIN, OR PARTICIPATE IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND AS A PLAINTIFF OR CLASS MEMBER. THE FOREGOING APPLIES TO ALL USERS (BOTH NATURAL PERSONS AND ENTITIES), REGARDLESS OF WHETHER YOU HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL, OR OTHER PURPOSES. THIS CLASS ACTION/JURY TRIAL WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S OR ENTITY’S CLAIMS. YOU AND Reserve AGREE THAT THE ARBITRATOR MAY AWARD RELIEF ONLY TO AN INDIVIDUAL CLAIMANT AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF ON YOUR INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED MAY NOT AFFECT OTHER USERS.
To the extent the Service is being used by or on behalf of the U.S. Government, the Service will be deemed commercial computer software or commercial computer software documentation (as applicable). Accordingly, if you are an agency of the U.S. Government or any contractor therefor, you receive only those rights with respect to the Service as are granted to all other Users hereunder, in accordance with 48 C.F.R. §227.7202 and 48 C.F.R. §12.212, as applicable.
You understand and acknowledge that the Service may be subject to export control laws and regulations. You will comply with all applicable import and export and re-export control and trade and economic sanctions laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations maintained by the U.S. State Department. You represent and warrant that you are not (a) listed on the List of Specially Designated Nationals and Blocked Persons or on any other list of sanctioned, prohibited, or restricted parties administered by OFAC or by any other governmental entity, or (b) located in, a national or resident of, or a segment of the government of, any country or territory for which the United States maintains trade or economic sanctions or embargoes or that has been designated by the U.S. Government as a “terrorist supporting” region.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior express written consent, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof will be null and void.
We may provide notifications to you via email notice or through posting of such notice on the Service, as we determine in our sole discretion. We may modify or update these Terms from time to time, and you should review this page periodically. These Terms apply to and govern your access to and use of the Service effective as of the start of your access to the Service, even if such access began before publication of these Terms. Your continued use of the Service after any change to these Terms constitutes your acceptance of the new Terms of Service. If you do not agree to any part of these Terms or to any future Terms of Service, do not access or use (or continue to access or use) the Service.
These Terms, together with any amendments and any additional agreements you may enter into with us in connection with the Service, will constitute the entire agreement between you and us concerning the Service. Except as otherwise stated in the Arbitration Agreement, if any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect.
No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or of any other term, and our failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision.
The provider of the Service is Reserve AG Corporation, 131 Continental Dr, Suite 305, Newark, DE 19713. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting it in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
If you have any questions about these Terms and/or the Service, please contact us at support@reserve.ag.