Terms of use

Last modified: August 15th, 2023

Acceptance of the Terms of Use 

These terms of use are entered into by and between you and Ociety, Inc. (“Ociety,” the “Company”, “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of the website Ociety.com or the Ociety mobile app, including any content, functionality, and services offered on or through the website (collectively, the “Website”), whether as a guest or a registered user. 

Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at [https://app.ociety.com/privacy-policy], incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.  

This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website. 

Changes to the Terms of Use 

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.  

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.  

Accessing the Website and Account Security 

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.  We may remove any user, including registered users, and/or any or all information about a user from the Website at any time and for any reason in our sole discretion and without any notice or explanation.    

You are responsible for both: 

• Making all arrangements necessary for you to have access to the Website. 
• Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them. 

To access the Website or some of the resources we offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. 

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. 

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use. 

Intellectual Property Rights 

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by U.S. and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. 

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows: 

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials. 
• You may store files that are automatically cached by your Web browser for display enhancement purposes. 
• You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution. 
• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications. 
• If we provide social media features with certain content, you may take such actions as are enabled by such features. 

You must not: 

• Modify copies of any materials from this site. 
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text, where you do now own the rights to do so. 
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. 

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.  

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. 

Trademarks 

The Company name, the term Ociety, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners. 

Prohibited Uses 

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website: 

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).  
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise. 
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use. 
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation. 
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing). 

• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability. 

Additionally, you agree not to: 

• Upload or otherwise display on the Website any images that are explicit, misleading, inappropriate, or otherwise not directly related to the ordinary and intended use of the Website;  
• Remove or attempt to remove your venue from the Website without our prior express written consent;  
• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website. 

• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website. 
• Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent. 
• Use any device, software, or routine that interferes with the proper working of the Website. 
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful. 
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.  

• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack. 
• Otherwise attempt to interfere with the proper working of the Website. 
• To post (as defined below) dishonest or otherwise misleading User Contributions (as defined below) on any Interactive Service (as defined below) as supplied or promoted by the COmpany. 

User Contributions 

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website. 

All User Contributions must comply with the Content Standards set out in these Terms of Use. 

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.  

You represent and warrant that:  

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns. 

• All of your User Contributions do and will comply with these Terms of Use.  
• Your User Contributions are honest and accurate, and, to the extent such User Contributions are made for the purposes of a Company-endorsed giveaway, contest, or similar prize promotion for which there is an element of chance and/or a free method for entry (collectively, “Giveaway”), that your User Contributions are honest and accurate and made for the purposes of the Giveaway 

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. 

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.  

Monitoring and Enforcement; Termination 

We have the right to: 

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion. 
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company. 
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. 
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.  

• Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use. 
• Monitor any use of the Website and collect and compile data and information related to your, your visitors’, and others’ use of the Website. 

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU AGREE THAT YOU WAIVE AND HOLD HARMLESS THE COMPANY, ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE LICENSORS, AND SERVICE PROVIDERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS FROM ANY CLAIMS ARISING OUT OF OR RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. 

However, we do not undertake to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.  

Content Standards 

These content standards apply to any User Contributions and uses of Interactive Services. User Contributions must in their entirety comply with all applicable laws and regulations. Without limiting the foregoing, User Contributions must not: 

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable. 
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age. 
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person. 

• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy. 
• Be likely to deceive any person. 
• Promote any illegal activity, or advocate, promote, or assist any unlawful act. 
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person. 
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.  

• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising unless such User Contributions are posted strictly in connection with a Business Account in accordance with Business Terms or entry in a Company-endorsed Giveaway and are made in compliance with these Terms of Use and the official rules governing the Company-endorsed Giveaway.  
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case. 

Copyright Policy and Claims of Copyright Infringement 

Reporting Claims of Copyright Infringement 

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following: 

• Your physical or electronic signature. 
• Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works. 
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material. 
• Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address). 
• A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law. 

• A statement that the information in the written notice is accurate. 
• A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. 

Our designated copyright agent to receive DMCA Notices is: 

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. 

Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA. 

Counter Notification Procedures 

If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “Counter Notice”) by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following: 

• Your physical or electronic signature. 

• An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.  
• Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address). 
• A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled. 
• A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue. 

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice. 

Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA. 

Repeat Infringers 

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers. 

Reliance on Information Posted 

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. 

This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. 

We do not warrant the accuracy, completeness, or usefulness of User Contributions. Any reliance you place on User Contributions is strictly at your own risk and you acknowledge that such User Contributions may have been made for the purposes of a Company-endorsed Giveaway.  

Changes to the Website 

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.  

Information About You and Your Visits to the Website 

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.  

Online Purchases, Applications, and Other Terms and Conditions 

All purchases or applications made through our site or other transactions for the sale of goods or services formed through the Website, or resulting from visits made by you, are governed by our ​​Terms of Sale, which are hereby incorporated into these Terms of Use. 

Additional terms and conditions may also apply to specific portions, services, or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use. 

Linking to the Website and Social Media Features 

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express consent.  

This Website may provide certain social media features that enable you to: 

• Link from your own or certain third-party websites to certain content on this Website. 
• Send emails or other communications with certain content, or links to certain content, on this Website. 

• Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites. 

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not: 

• Establish a link from any website that is not owned by you. 
• Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking. 
• Link to any part of the Website other than the homepage. 

• Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use. 

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use. 

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. 

We may disable all or any social media features and any links at any time without notice in our discretion.  

Links and Third-Party Data from the Website 

If the Website contains links to other sites and resources or data provided by third parties, these links and data are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. This also includes third-party data sources that may be accessed through the Website’s Waitlist Feature (defined below), including vaccination status as may be requested from third-party sources through the Website.  We have no control over the contents of those sites, data, or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. 

Geographic Restrictions 

The owner of the Website is based in the State of Delaware in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. 

Waitlist Management Feature  

The Website provides a functionality that allows venues such as restaurants and other stores or venues with physical locations to manage a waitlist for entry into the venue’s location (“Waitlist Feature”).  You may only use the Waitlist Feature to collect pre-defined data points about potential and actual visitors of your venue (“Visitors”) and to notify those Visitors of their position within the waitlist and when they may enter the venue.  You may not under any circumstances use the Waitlist Feature to solicit or market to Visitors or otherwise include any content that we have not approved of in advance.  You are solely responsible and will defend, indemnify, and hold us harmless for any violation of the foregoing prohibition. 

You will not use the Waitlist Feature for any purposes beyond those explicitly stated in these Terms of Use. Without limiting that, you will not, directly or indirectly, or permit anyone else to:  

• use the Website to market or advertise to, or otherwise communicate with Visitors or anyone else beyond the purposes specifically stated in these Terms of Use;  
• use the Website or information collected through the Website to contact or communicate with any Visitor without receiving all consent required by applicable law, or otherwise use the Website or information collected through the Website except in strict compliance with applicable law, rules, regulations, and guidance; or  

You acknowledge and agree that:  

• we do not guarantee or warrant that any wait time that may be provided is correct or accurate;  

• you are solely responsible for the substance of all communications with Visitors and obtaining all consent necessary or recommended before sending such communications and notifications;  
• you are solely responsible for ensuring that your use of the Waitlist Feature and communications with Visitors comply with all applicable laws, rules, regulations, and guidance, including, without limitation, the Telephone Consumer Protection Act and all related regulations and guidance; and  
• your communications with Visitors are solely at your own risk and that you have sole responsibility for those communications.   

For clarity, all other use restrictions, disclaimers, limitations, and other terms set forth in these Terms of Use also apply to the Waitlist Feature in addition to the terms stated in this Section. 

Business Terms 

You, as a Website user, may create a Business Account for a venue or vendor such as a restaurant or other store (collectively, “Business Account”) provided that you have authority to bind any such business and have authority to act on behalf of the business or businesses associated with or claimed through your Business Account. As a Business Account user, your access to and use of the Website is governed by the Terms of Service and the Company’s Privacy Policy.  

In accordance with your Business Account use, you consent to the Company’s access to the Business Account for the purposes of updating and/or maintaining any and all publicly available information concerning the business or businesses associated with or claimed through your Business Account, including, but not limited to, information concerning hours of operation, menu information, phone number and address, web address, service options, including dine-in, carry-out, and delivery services, and relevant wait-list/reservation information (collectively, “Business Information”). You further grant the Company a non-transferable, non-exclusive, royalty-free limited license to display your Business Information. This consent applies retroactively for any and all Business Accounts created and/or used by you on the Company’s Website.  

You may authorize the Company’s full access to the Business Account as a promotional manager (“Promotional Manager”) by signing and submitting this Consent to Access . When you authorize the Company to act as a Promotional Manger, such authorization shall permit the Company to take any of the following actions, including, but not limited to, creating, posting, and revising or otherwise updating promotional materials, sales promotions, specials, and other related promotional events (collectively, “Promotions”) created by the Company.   

You certify that your Business Account use and your Business complies with applicable federal, state, local, and international laws and regulations. You certify that you will not illegally encourage, authorize, pay, incentivize, or otherwise induce any other party to solicit or ask for Website user reviews on your business or a competitor’s business, post or otherwise generate misleading or false User Content, misrepresent or falsify your identity or an affiliation, or otherwise commit or engage in illegal activity using the Website and/or the Company’s services. In addition to the other terms as outlined in the Terms of Use, you acknowledge and understand that your use of any Business Account is subject to Disclaimer of Warranties, Limitation on Liability, Indemnification, and Arbitration as outlined in these Terms of Use and the Federal Communications Decency Act 47 U.S.C. § 230, which limits the liability of interactive computer services for their role in publishing third-party Content, including consumer reviews. 

Disclaimer of Warranties 

You acknowledge and agree that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO OR FROM IT. 

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.  

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 

Limitation on Liability 

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.  

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 

Indemnification 

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES, OR FEES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR RELATING TO YOUR VIOLATION OF THESE TERMS OF USE OR YOUR USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, YOUR USER CONTRIBUTIONS, ANY USE OF THE WEBSITE’S CONTENT, SERVICES, AND PRODUCTS OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS OF USE, OR YOUR USE OF ANY INFORMATION OBTAINED FROM THE WEBSITE. 

Governing Law and Jurisdiction 

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction). 

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware, although we reserve the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your state or country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. 

Arbitration 

At Company’s sole discretion, we may require You to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Delaware law. 

Limitation on Time to File Claims 

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. 

Waiver and Severability 

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. 

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.  

Entire Agreement 

These Terms of Use, our Privacy Policy, and our Terms of Service constitute the sole and entire agreement between you and the Company relating to the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, relating to the Website.  

Your Comments and Concerns 

This website is operated by Ociety, Inc, 16192 Coastal Hwy., Lewes, DE 19958. 

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy, above. 

All other feedback, comments, requests for technical support, and other communications regarding the Website should be directed to: Ociety, Inc., 205 Hudson Street, New York, NY 10013, United States 

Donation Program 

If you select the “make a donation” option, we will make a donation in an amount to be determined by Ociety to a non-profit of your choice for each bona fide review by you up to a total of five (5) reviews per day (generally between $0.1 to $0.25 per review) or for each time you redeem a deal (generally between $0.1 to $0.50 per deal). Use of any robotic, automatic, programmed, or similar method to enter reviews, or entering illegitimate reviews will disqualify such reviews for purposes of the program. Users may not enter reviews using multiple phone numbers, identities, or devices in an attempt to circumvent the rules. We reserve the right to suspend, cancel, or modify this program. In the event of the program is suspended or terminated, donations will be made from all eligible reviews or redemptions received as of date of suspension or termination.