Terms & Conditions
Please read these Terms & Conditions (the “Agreement”) fully and carefully before using MetroTables.com (the “Site”), the dynamic restaurant pricing service (the “Service”) provided by MetroTables Inc. (“MetroTables, the “Company”, “we”, “us” or “our”). This Agreement set forth the legally binding terms and conditions for your use of the Site and the Service. By accessing or using the Service, you (the “User”, “you” or “your”) acknowledge that you have read, understood, and agree to be bound by this Agreement, whether or not you are a registered user of our Services.
Changes: We may modify the Agreement from time to time. The most current version of the Agreement will be located in this page. You understand and agree that your access to or use of the Site is governed by the Agreement effective at the time of your access to or use of the Site and your continued access to or use of the Site after the effective date of modifications to the Agreement indicates your acceptance of the modifications. The Site may be modified, interrupted, suspended or discontinued at any time without notice or liability.
Eligibility: You represent and warrant that you are at least 18 years of age, or, if you are under 18 years of age, that you are using the Site under the supervision of an adult who is at least 18 years of age. In such cases, the adult user is deemed the User of the Site. If you are under age 13, you may not, under any circumstances or for any reason, use the Site. We may, in our sole discretion, refuse to offer the Service to any person or entity and change the eligibility criteria for the Service at any time. You may not access or use the Site if we have previously banned you from the Site or closed your account. We reserve the right to terminate accounts for users who have been previously suspended or removed from the Site.
License: Subject to the terms and conditions of this Agreement, MetroTables grants you a non-transferable, non-assignable, limited, non-exclusive, revocable license to use MetroTables only as permitted in this Agreement, and reserves all rights not expressly granted herein.
User Accounts: You must create an account and provide certain information about yourself or the restaurant you represent in order to use some of the features that are offered through the Site. You are responsible for maintaining the confidentiality of your account password. Your password and login information must be kept confidential, may only be used by you and may not be shared, given, rented, or assigned to any other persons. You must provide true, accurate and complete information and keep your account information updated. You shall not use, as a user name, a name that is otherwise offensive, vulgar or obscene. You are responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. You may not impersonate someone else (e.g., adopt the identity of a celebrity, your next-door neighbor, a nonexistent restaurant or a restaurant you are not authorized to represent, or upload images from a restaurant you are not authorized to use), create or use an account for anyone other than yourself or the restaurant you legally represent, provide an email address other than your own or of the restaurant you legally represent, or create multiple accounts. We reserve the right to close your account at any time, with or without cause, with or without notice. You shall have the ability to delete your account by emailing us at firstname.lastname@example.org.
Unclaimed Accounts: For the purpose of facilitating the registration process for restaurant users, from time to time MetroTables may create restaurant accounts and invite the respective restaurants for which they were intended to claim them. Unclaimed Accounts will be identified with a mark in their account page. Unclaimed accounts may be displayed in search results and may include Sponsored Offers.
Claimed Accounts: Unclaimed Accounts rightfully claimed by the restaurants for which they were created shall be deemed Claimed Accounts and shall be considered no different from accounts created by restaurants. The moment an Unclaimed Account becomes a Claimed Account, its Sponsored Offers shall become Non-Sponsored Offers.
Sponsored Offers: Offers created and posted by MetroTables with no direct involvement from the restaurant. They are of a temporary nature, intended to drive adoption, demonstrate the value of dynamic pricing to restaurants and diners, and may be subject to limitations not applicable to Non-Sponsored Offers. Restaurants to honor Sponsored Offers at their sole discretion. Any limitations applicable to Sponsored Offers will be communicated by MetroTables to the diner upon their acceptance of an offer.
Non-Sponsored Offers: Offers managed directly by restaurants from their MetroTables account.
Offers, Cancellations, Late Arrivals and No Shows: To accept an offer, you will be required to provide us with information such as your name, email address and mobile number. Please note that offers are not confirmed until an offer notification is displayed through the Service. By providing your email address and mobile phone number during the account registration process, you are consenting to receive communications (including SMS text messages), such as information about your offer, through the email address and phone number you have specified.
When you accept an offer through our Site, you agree to honor the offer by arriving on time and paying for the meal in accordance with the terms of the offer. If you are unable to honor the offer as initially planned, you must cancel it with at least thirty (30) minutes in advance either through the Site or by contacting the restaurant directly, so the offer is restored in the system and made available to be accepted by other users.
If you don't arrive within fifteen (15) minutes from the time your offer starts, the restaurant at its sole discretion may honor or not the terms offered. Offers you accept and not honor or not cancel within thirty (30) minutes will be considered a no-show and will be stored on the Service and associated with your account. MetroTables reserves the right to suspend or terminate your account if you have an excessive number of no-shows, as determined in our sole discretion.
Offers are not reservations and tables are subject to availability. Offers can't be combined with happy hours or other discounts or deals. Restaurants should make all efforts possible to provide a table at the time indicated in its offer, but they are not obliged to guarantee a table will be available. But since restaurants are incentivized to provide discounts when business is slow, the likelihood of tables not being available at the offer time is very low.
Disputes: MetroTables is a marketplace where restaurants can connect with diners allowing them to search for, and accept dynamic pricing offers. By using our Service, you acknowledge and agree that we do not employ, control, recommend or endorse any restaurant or make any representation about the quality or legality of their services, or your potential experience with any restaurant. All terms contained in Non-Sponsored Offers are provided for and defined exclusively by each restaurant without our participation. At our sole discretion, we may choose to intervene or attempt to resolve a dispute but you agree that we have no obligation to do so and all transactions are ultimately and exclusively between you and the restaurant.
Restrictions and Termination of Use: MetroTables may block, restrict, disable, suspend or terminate your access to all or part of the Site at any time in its sole discretion without prior notice or liability to you. Any conduct by you that in our sole discretion restricts or inhibits any other person or entity from using or enjoying the Site is strictly prohibited and may result in termination of your access to the Site without further notice. All provisions in the Agreement, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Content: You alone are responsible for your Content, and once published, it cannot always be withdrawn. You assume all rights associated with your Content, including anyone's reliance on its quality, accuracy, and reliability. You represent and warrant that you own, or have the necessary permissions to use and authorize the use of your Content, submit your Content to the Site and grant the licenses set forth herein, and that MetroTables will not need to obtain licenses from any third party or pay royalties to any third party with respect to your Content, and your Content does not infringe any third party’s rights, including intellectual property rights and privacy rights. You may not imply that your Content is in any way sponsored or endorsed by MetroTables. We reserve the right to remove, block, edit or modify any Content in our sole discretion at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content, or if we are concerned that you may have violated this Agreement), or for no reason at all.
You may expose yourself to liability if, for example, your Content contains material that is false, intentionality misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.
We may use your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it and distributing it. MetroTables and its licensees may publicly display advertisements and other information adjacent to or included with your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
Notiﬁcations: MetroTables may provide you notiﬁcations, whether such notiﬁcations are required by law or are for marketing or other business-related purposes, via email, written or hard copy notice, or posting of such notice on our website, as determined by us at our sole discretion. MetroTables reserves the right to determine the form and means of providing notiﬁcations to its Users, provided that you may opt out of certain means of notiﬁcation. We are not responsible for any automatic ﬁltering you or your network provider may apply to email notiﬁcations we send to the email address you provide us.
Limitations: You agree that you shall not (i) engage in any conduct that shall constitute a violation of any law or that infringes the rights of MetroTables or any third party, (ii) violate any applicable laws or regulations related to the access to or use of the Site, or engage in any activity prohibited by this Agreement, and (iii) violate the rights of MetroTables or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.
Ideas: You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place MetroTables under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-conﬁdential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, MetroTables does not waive any rights to use similar or related ideas previously known to MetroTables, or developed by its employees, or obtained from sources other than you.
No Assignment: The licenses and passwords granted and assigned to you pursuant to this Agreement are personal to you, and under no circumstances may be assigned, sublicensed, or transferred by you without MetroTables' prior written consent. Any attempted assignment, sublicense, or transfer shall be null and void and shall result in the immediate and automatic termination of the licenses and passwords granted under this Agreement. MetroTables may assign any rights or obligations under this Agreement to any other party, without notice to you.
Indemnity: You agree to indemnify, defend, and hold MetroTables, its parents, shareholders, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the “MetroTables Entities") harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Site, (ii) your violation of the Agreement, (iii) any products or services purchased or obtained by you in connection with the Site, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. MetroTables Entities reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of MetroTables Entities. MetroTables Entities will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Relationship of Parties: This Agreement and any account registration will not be construed as creating or implying any relationship of agency, franchise, partnership, or joint venture between Company and User. Neither party will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent.
Arbitration and Choice of Law: Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by binding arbitration administered under the Commercial Arbitration Rules of the American Arbitration Association or of the International Center for Dispute Resolution in effect on the date of the commencement of arbitration, rather than in court, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. The place of arbitration shall be the state and county of New York. The language of the arbitration shall be English. There shall be one arbitrator. Each party shall bear its own costs in the arbitration. MetroTables shall also have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against you in the event that, in the opinion of MetroTables, such action is necessary or desirable. This Agreement is governed by and shall be construed in accordance with the laws of the State of New York, without respect to its conflict of laws principles.
If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the validity, legality, or enforceability of the remainder of this Agreement shall not in any way be affected or impaired. The failure by MetroTables to exercise in any respect any right provided for herein shall not be deemed a waiver of any right hereunder. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. The section headings in this Agreement are for convenience of reference only and shall not be deemed to alter or affect any provision hereof.
Disclaimers and Limitation of Liability
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE METROTABLES ENTITIES TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.
A. THE SITE IS MADE AVAILABLE TO YOU ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE METROTABLES ENTITIES MAY NOT MONITOR, CONTROL, OR VET USER CONTENT. AS SUCH, YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. THE METROTABLES ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, OR THE SITE CONTENT. ACCORDINGLY, THE METROTABLES ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SITE‘S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE'S INFORMATION, RESTAURANT REPRESENTATIONS AND OFFERS, RATINGS, REVIEWS (INCLUDING THEIR CONTENT, ORDER, AND DISPLAY), OR METRICS FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SITE.
B. THE METROTABLES ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE RESTAURANTS LISTED ON THE SITE OR THE SITE' USERS. ACCORDINGLY, THE METROTABLES ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR RESTAURANT MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE RESTAURANTS LISTED OR FEATURED ON THE SITE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK.
C. THE METROTABLES ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY RESTAURANTS LISTED ON THE SITE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF THE METROTABLES ENTITIES SHALL CREATE A REPRESENTATION OR WARRANTY.
D. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE.
E. THE METROTABLES ENTITIES‘ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SITE OR THESE TERMS IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE METROTABLES ENTITIES IN CONNECTION WITH THE SITE IN THE 6 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.
F. THE METROTABLES ENTITIES DISCLAIM LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.
G. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE METROTABLES ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTEND PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.