TERMS OF USE

TERMS OF USE

The following Terms of Use (the “Terms”) constitute an agreement between you and TapTab, Inc. (“TapTab”), a Delaware corporation, that governs your use of any and all TapTab software, website, mobile site, web application, mobile application, and any features, products, services or content related thereto (the “Platform”).

Compliance with these Terms is a condition to any and all use of the Platform by any person using the Platform in any manner (the “User”), including you. By accessing or using the Platform in any manner, you accept and agree to be bound by these Terms. The Platform is not targeted to, and should not be used by, persons under the age of 18. BY ACCESSING THE PLATFORM, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD, AND/OR ARE LEGALLY QUALIFIED TO ENTER INTO AND FORM CONTRACTS UNDER APPLICABLE LAW, and are not barred from accessing the Platform under the laws of any applicable jurisdiction. If you are using the Platform on behalf of a company, entity, or organization (each an “Entity User”), then you represent and warrant that you: (i) are an authorized representative of such Entity User with the authority to bind such entity to the Terms and (ii) agree to be bound by the Terms individually and on behalf of such Entity User. You further represent and warrant that the Entity User is not a competitor of TapTab, nor are you or such Entity User using the Platform for or on behalf of a competitor of TapTab.

Please review the Terms carefully, and please feel free to contact us if you have any questions about either the Terms or your use of the Platform. You agree that it is solely your responsibility to periodically review these Terms. TapTab may update these Terms in its sole and absolute discretion from time-to-time, and, unless stated otherwise by TapTab in writing, such updates shall come into effect once made available on the Platform or otherwise made known to Users. By using the Platform, you accept and agree to such version of these Terms as are in effect at the time of your use of the Platform. If you do not agree to these Terms or any revised version thereof, you are prohibited from accessing, and must immediately discontinue your access of, the Platform.

THE SECTION BELOW ENTITLED “DISPUTES” CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.

1. INTRODUCTION

TapTab agrees to grant you access to the Platform subject to the Terms. You warrant that you have read and understood these Terms and our Privacy Policy, which you can find at www.taptabapp.com/privacy-policy (the “Privacy Policy”) and which is incorporated herein by reference. Any breach of these Terms or our Privacy Policy will result in the termination of your ability to use the Platform and the deletion of your account. Breaches may also lead to legal action. OUR LIABILITY IS SUBJECT TO LIMITATIONS AND EXCLUSIONS AS SET OUT IN THESE TERMS. PLEASE REVIEW THESE SECTIONS CAREFULLY. THEY LIMIT YOUR LEGAL RIGHTS.

2. ACCEPTABLE USE

The Platform is designed to allow diners and restaurants to have a more convenient, efficient and pleasant dining, ordering and payment experience. No other use of the Platform is intended or allowed.

3. USER ACCOUNTS

In consideration of your ability to use the Platform, you agree to the following:

Accounts. You are required to have a username (email address) and password to create a user account on the Platform (a “User Account”).

Account Login and Registration. With respect to your User Account, you represent and agree that you shall:

  • Provide accurate, current and complete information about yourself on the registration forms on the Platform or as provided by TapTab;
  • Maintain the security of your password and identification;
  • Maintain and promptly update the registration data, and any other information that you provide to TapTab, to keep it accurate, current and complete;
  • You hereby agree that you are solely responsible for the use and security of your usernames and/or passwords;
  • Take full responsibility and assume all liability for the security of, and all use of and information in, your account, for the confidentiality thereof, and for any actions that take place using your account, whether or not initiated or authorized by you; and
  • Promptly notify TapTab of any compromise or unauthorized use or access to your username, password or User Account or any other breach of these terms or security related to your use of the Platform.

Updates. You agree that you shall keep TapTab informed of any change to your e-mail address or telephone number. We require this information to maintain communications with you and so that you can receive any disclosures from TapTab in a timely fashion.

4. CONTENT

You may submit content, including, without limitation, illustrations, comments, reviews, videos, ratings, location information, links, data, text, photographs, graphics, vectors, suggestions, emails, messages, communications, ideas and interactive features (“Content”), to or through the Platform in connection with your use thereof.

Any and all Content that you post or transmit through the Platform is your sole responsibility. TapTab will not be liable for anything contained in your Content, including, but not limited to, errors and/or omissions therein. TapTab cannot, does not, and shall not guarantee or attest to the authenticity or accuracy of the identity of, or Content submitted by, any of the Users on the Platform, including those Users with whom you may interact in the course of your use of the Platform. The Content, your identity and your role as author of the Content, may be publicly displayed, and you hereby agree to allow TapTab to publicly display the Content in its sole and absolute discretion.

By submitting the Content, you hereby grant TapTab an irrevocable, perpetual, non-exclusive, royalty-free, and fully-sublicensable right to use, publish, modify, reproduce, adapt, translate, create derivative works from, display, distribute and otherwise exploit the Content anywhere around the world in any form and through any media. You further waive any rights to privacy or publicity or any other rights in an individual’s name or likeness, as well as moral or other rights that you may have or have had, in the Content.

You hereby warrant and represent that:

  • All Content and information that you provide to or through the Platform is and shall be accurate, complete and truthful;
  • You own or control all rights to all Content that you submit to or through the Platform, or said Content is in the public domain or is directly licensed by you;
  • You have full authority from the owners of any submitted Content to use such Content as contemplated by these Terms;
  • You have authority to use the name and likeness of each identifiable individual person, property, building or other item associated with the Content;
  • You are authorized to grant any and all of the aforementioned rights to the Content to TapTab and/or to other users of the Platform; and
  • Submission, or use or exploitation by TapTab, Users, partners or licensees, of the Content does not and shall not cause injury to or infringe upon or violate the rights of any third party, including, without limitation, any confidentiality, non-disclosure, non-competition, privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.

TapTab does not endorse and has no control over any submission of Content or data associated therewith. All Content accessed by you while you use the Platform is accessed at your own risk. You are solely responsible for any damage or loss to yourself, or to any party, resulting therefrom. TapTab takes no responsibility and assumes no liability for any Content submitted by you, any other User or any third party. TapTab may, in its sole discretion, monitor, review, delete or modify Content, irrespective of whether the Content violates these Terms.

5. PROHIBITED USER CONDUCT

You hereby warrant and agree that, while using the Platform and/or the features, products or services offered on or through the Platform, you shall not (and shall not allow any third party to) take any of the following actions:

  • Impersonate any person or entity, whether actual or fictitious, misrepresent affiliation with any person or entity, or use a false email address;
  • Submit any Content or information that is illegal, improper, inaccurate, incorrect, incomplete, inexact, outdated, or otherwise wrong, that promotes illegal activity or harm to individuals or groups, that contains false, misleading or injurious statements toward third parties, that constitutes political campaigning or commercial solicitation;
  • Submit any Content that is sexually explicit, profane, pornographic, immoral, obscene, vulgar, offensive, inflammatory, violent, dangerous, harmful, threatening, abusive, harassing, hateful, discriminatory, or racially, ethnically, or otherwise objectionable, or which may solicit information from any person under the age of 18;
  • Insert your own or a third party’s advertising, branding or other promotional content onto the Platform, nor shall you use, redistribute, republish or exploit such content for any further commercial or promotional purposes without TapTab’s permission;
  • Submit any reviews, ratings or comments for which you are compensated in any manner;
  • Attempt to gain unauthorized access to other computer systems through the Platform;
  • Deep-link, spider, “scrape,” “database scrape,” “robot”, harvest of catalogue information, e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of accessing, copying, obtaining lists of property, Users or other information from or through the Platform;
  • Obtain or attempt to obtain unauthorized access to computer systems, Content or information through any means;
  • Take any action that would create an unreasonably large burden on the Platform, the reasonableness of which TapTab shall, in its sole discretion, determine;
  • Use the Platform or any feature, product or service made available on or through the Platform in any manner that may interfere with, attempt to interfere with, interrupt, damage, disable, overburden, or impair the Platform or such feature, product or service, including, but not limited to, sending mass unsolicited messages, any form or spam, chain letters, or “flooding” servers with requests;
  • Use the Platform for any commercial purpose whatsoever other than for your personal use, including (without limitation) soliciting other users for investments of any kind, offering or selling any products or services of any kind, and/or making investment recommendations to other users;
  • Submit any virus or computer software to or through the Platform;
  • Use the Platform in violation of TapTab’s or any third party’s intellectual property or other proprietary or legal rights;
  • Use the Platform in violation of any applicable law or purpose (including, without limitation, in violation of any United States federal and state securities or blue sky laws or regulations, securities exchange or self-regulatory organization’s rules or regulations, or equivalent laws or regulations in foreign jurisdictions); or
  • Use the Platform in any manner that could damage, disable, overburden, or impair the Platform or interfere with any other party’s use and/or enjoyment of the Platform, nor shall you obtain, use or access, or attempt to obtain, use or access, any Content or information through any means not intentionally made publicly available or provided for through the Platform.

You further agree that you shall not attempt (or allow, encourage or support anyone else’s attempt) to take any of the following actions:

  • Engage in any of the foregoing prohibited activities, or to circumvent, reverse engineer, decrypt, disassemble, decompile or otherwise alter or interfere with, the Platform, or seek to obtain source code or non-public APIs of the Platform;
  • Use the Platform or any feature, service or aspect thereof to incorporate the Platform, or any feature, service or aspect thereof or any Content, into any other product or service; or
  • Modify the Platform or any features, services or aspects thereof or create any derivative product therefrom.

6. LICENSE & USE

You are also granted a limited, non-transferable, non-exclusive, and revocable license to use the Platform (and any Content thereon) solely for non-commercial, personal use and solely in accordance with these Terms, and any use of the Platform not in accordance with these Terms shall constitute a material breach of these Terms. Except as expressly set forth herein, these Terms grant you no rights in or to the code, content or intellectual property of TapTab or to any other affiliated party. TapTab may revoke or suspend your license(s) (and prevent future use of the Platform) in its absolute discretion for any reason at all, including, but not limited to, breach of these Terms by you. TapTab may ordinarily advise you of any suspension or revocation; however, it is under no obligation to do so. You hereby agree that you shall only access and use the Platform for legal purposes and shall not use it to engage in any conduct that is unlawful, immoral, threatening, abusive or in any way that is deemed unreasonable by TapTab, in its sole discretion. You promise not to use the Platform for any purpose prohibited by these Terms. TapTab may limit or restrict access to the Platform from time-to-time as it sees fit, including (but not limited to):

  • Location. TapTab may restrict access to the Platform for any person from or in any location in its absolute discretion.
  • Verifications. TapTab may limit your access to the Platform where it cannot, in its absolute discretion, verify any of the information provided to it you.

7. INTELLECTUAL PROPERTY

The Platform, including features, services, products and elements thereof, use and incorporate code, software, content and other Intellectual Property (as hereinafter defined) that TapTab has appropriate authority to use, and you hereby agree that the same is protected by copyright, trademarks, patents, proprietary rights and other laws, both domestically and internationally. “Intellectual Property” means any and all copyright, patents, inventions, code, software, content, text, images, video, programs, applications, features, formulas, calculations, spreadsheets, databases, algorithms, trade secrets, know-how, product formulations, designs, circuit layouts, databases, registered or unregistered trademarks, brand names, business names, domain names and other forms of intellectual property. TapTab retains all right, title and license to the Intellectual Property, and TapTab may, in its sole discretion, modify the Intellectual Property at any time. You hereby warrant that neither you nor any entity with which you may be affiliated shall infringe on any Intellectual Property or other third-party rights through your or such entity’s use of the Platform (U.S. Copyright Act of 1976, Title 17 U.S.C).

You hereby agree and accept that the Platform (including, but not limited to, any source code, software, content, ideas, enhancements, feature requests, suggestions or other information provided by you or by any other party with respect to the Platform) is the Intellectual Property of TapTab, and you further warrant that, by using the Platform, you will not:

  • Copy the Platform or any features, services and/or products associated therewith for your own commercial purposes or for the commercial purposes of any entity with which you are associated or in which you have an ownership interest; and
  • Directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, architecture or algorithms contained in the Platform or any documentation associated therewith.

Trademarks. TapTab has moral & registered rights in its trademarks and you shall not copy, alter, use, claim any right to or otherwise deal in the marks without the prior written consent of TapTab. No license, right, or interest in any trademarks of TapTab or any third party is granted under these Terms.

Copyright Complaint. If you believe that any material on the Site infringes upon any copyright that you own or control, you may send a written notification of such infringement, including the copyrighted work that you believe is being infringed, the element that you believe is infringing on your work, and a means of contacting you (either by phone, email or physical mail) to our Designated Agent as set forth below:

TapTab, Inc.
16912 Coastal Highway
Lewes, DE 19958

8. U.S. GOVERNMENT END USERS

The Platform constitutes a “commercial item” as defined at 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire the Platform with only those rights set forth therein.

9. EXPORT CONTROL

You may not use, export, or re-export the Platform or aspects thereof (or any copy or adaptation of the foregoing) in violation of applicable law, including, without limitation, United States and foreign export laws and regulations. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country and that you are not listed on any U.S. Government list of prohibited or restricted parties.

10. DATA CHARGES & DEVICE COMPATIBILITY

Your use of the Platform through your mobile device or computer requires cellular or Internet access. You are solely responsible for any and all data or text message charges from any mobile carrier or Internet service provider in connection with your use of the Platform, including any notifications that may be sent from or through the Platform. TapTab does not guarantee that the Platform may be used on or is compatible with every mobile device, computer or Internet browser or will be supported by every mobile carrier.

11. PRIVACY POLICY

Our use of any information that you provide via the Platform shall be governed by our Privacy Policy, which can be found at http://www.taptabapp.com/privacy-policy and which is incorporated herein by reference.

12. CONSENT TO COMMUNICATIONS AND ELECTRONIC TRANSACTIONS & DISCLOSURES

You hereby consent to receive calls and messages, including auto-dialed and pre-recorded messages, calls, and SMS messages (including text messages) from us, our affiliates, marketing partners, agents and others calling at their request or on their behalf.

You further consent to transact business online and electronically.

13. FEES

You hereby agree to pay any and all fees set by TapTab with respect to your use of the Platform or the use of the Platform by any entity with which you are associated as and when such fees come due. TapTab may introduce new products, features or services and/or fees by giving you written notice of such products, features’ or services’ availability and applicability. TapTab reserves the right to change the fees at any time in its sole and absolute discretion.

14. INDEMNITY

You hereby agree to indemnify, hold harmless and defend TapTab and its affiliates, subsidiaries, shareholders, directors, officers, managers, employees from and against any and all claims and for any loss, damage, cost or expense that TapTab may suffer or incur as a result of or in connection with your access to, use of, or conduct in connection with, the Platform, including your submission of Content thereon and any breach by you of these Terms. Your indemnification of TapTab will survive the termination of these Terms and any use of the Platform.

User Interactions. You hereby release TapTab from any and all liability relating to any connections and relationships with other Users. TapTab makes no representations or warranties as to the conduct of Users or the veracity of any information that Users provide. In no event shall TapTab be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of your use of the Platform, including, without limitation, bodily injury, emotional distress, and any damages resulting in any way from communications or meetings with Users whom you meet or with whom you interact as a result of any User’s, including your, use of the Platform. Users are encouraged to take all precautions and exercise the utmost personal care in any interactions with any individual with whom they come into contact through the Platform.

Confidentiality. Electronic Communications Privacy Act Notice (18 U.S.C. §§ 2701-2711): TapTab makes no guaranty of confidentiality or privacy of any communication or information transmitted through the Platform or any website linked to the Platform. TapTab will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on TapTab’s equipment or servers used by TapTab, transmitted over networks accessed by the Platform, or otherwise connected with your use of the Platform.

15. THIRD PARTY WEBSITES, APPLICATIONS & RESOURCES

Where the Platform contains hyperlinks to other websites, applications and resources provided by third parties, these hyperlinks are provided to you for informational purposes only, without any endorsement or warranty whatsoever from TapTab. You enter those websites, applications and resources solely at your own risk and you hereby acknowledge that TapTab has no control over, accepts no responsibility whatsoever for, and shall not be liable for anything contained in those websites, applications or resources. If you access the Platform using a device powered by Apple Inc., Google, Inc., Microsoft Corporation or any other entity, your use of such devices is subject to such entities’ terms of service.

16. DISCLAIMERS

You acknowledge and agree that:

  • You use the Platform at your own risk.
  • The Platform (including all content, products, services features and functions associated therewith) is provided “as is,” without warranty of any kind, either express or implied, including any warranty for information, data, data processing or uninterrupted access, warranties concerning the availability, accuracy, completeness, usefulness, or content of information, and warranties of title, non-infringement, merchantability or fitness for a particular purpose.
  • TapTab expressly disclaims any and all representations, warranties or indemnities, express or implied, including, but not limited to, any warranty of merchantability, title, fitness for a particular purpose, non-infringement, or any warranty arising from a course of dealing, course of performance, or trade usage.
  • TapTab does not warrant that the Platform (or the products, features, functions, content or services made available thereby) will be timely, secure, uninterrupted or error free, that defects will be corrected.
  • TapTab makes no warranty that the Platform will meet your desires, expectations or requirements. No advice, results or information, or content, whether oral or written, obtained through the Platform shall create any warranty not expressly made herein. If you are dissatisfied with the Platform, your sole remedy is to discontinue using the Platform.
  • TapTab is not responsible for the conduct or activities of any User and shall not be responsible or liable for the same under any circumstances.
  • Any material that you download or otherwise obtain through your the use of the Platform shall be downloaded or otherwise obtained at your sole discretion and at risk, and you will be solely responsible for any damage that results from the download, obtainment or acquisition of any such material.
  • TapTab does not endorse, warrant or guarantee any products, features, functions or services offered or provided by, or on behalf of, third parties on or through the Platform.
  • TapTab is not responsible or liable for any interruptions, delays, errors or failures to execute requests or offers on the Platform, including, but not limited to, errors or failures caused by: (1) loss of connection to the internet or to the online software by any party, or (2) a breakdown or failure of the Platform or any products, features, services or content associated therewith.
  • TapTab is not a party to, and does not monitor, any transaction between Users and third parties.
  • TapTab may, in its sole discretion, limit, suspend or terminate access to the Platform or any feature, service or aspect thereof, to any person, entity or geographic area.

Each party acknowledges that it has not relied on any representation, warranty or statement made by any other party, other than as set out in these Terms. The disclaimers in this Section shall apply to the maximum extent permitted by applicable law.

17. LIMITATION OF LIABILITY

In no event shall TapTab or any of its owners, members, managers, directors, employees, contractors, suppliers, distributors, vendors, contractors, institutions, content or service providers be liable for any losses, claims, injuries, damages, including indirect, special, incidental, consequential, speculative, exemplary or punitive damages of any kind arising from or directly or indirectly related to the use of, or the inability to use or failure or delay of, the Platform (or the information, content, functions or services related thereto), including loss of revenue, or anticipated profits, or lost or corrupted data, or lost business or sales, or cost of substitute Platform, whether based in contract, tort or otherwise, even if TapTab or such person has been advised of the possibility of such damages.

TAPTAB IS NOT RESPONSIBLE OR LIABLE FOR THE ACTIONS OF ANY THIRD PARTY THAT REFERS YOU TO THE PLATFORM OR FOR THE ACTIONS OF ANY THIRD PARTY TO WHICH THE PLATFORM LINKS, NOR IS ANY THIRD PARTY THAT REFERS YOU TO THE PLATFORM OR TO WHICH THE PLATFORM REFERS YOU RESPONSIBLE OR LIABLE TO YOU IN CONNECTION WITH YOUR USE OF THE PLATFORM. TAPTAB IS NEITHER AN AGENT NOR AN AFFILATE OF ANY RESTAURANT THAT IS LISTED ON THE PLATFORM OR AT WHICH A USER MAY USE THE PLATFORM; YOU HEREBY AGREE THAT TAPTAB IS, THEREFORE, NEITHER RESPONSIBLE NOR LIABLE FOR ANY CLAIMS, COSTS OR DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY ILLNESSES, SICKNESSES, DISEASES OR INJURIES, SUFFERED BY YOU (EACH, A “CLAIM” AND, TOGETHER, THE “CLAIMS”) DURING YOUR VISIT TO OR ENGAGEMENT WITH ANY RESTAURANT THAT YOU MAY HAVE DISCOVERED THROUGH, OR AT WHICH YOU MAY HAVE USED, THE PLATFORM (EACH, A “PARTICIPATING RESTAURANT”). YOU HEREBY AGREE TO RESOLVE ANY DISPUTES BETWEEN YOU AND ANY PARTICIPATING RESTAURANT BETWEEN YOU AND SUCH PARTICIPATING RESTAURANT, AND TO RELEASE TAPTAB FROM ANY CLAIM BETWEEN YOU AND ANY PARTICIPATING RESTAURANT.

IF LIABILITY ON THE PART OF TAPTAB IS FOUND FOR ANY CLAIM ARISING OUT OF YOUR USE OF THE PLATFORM UNDER ANY LEGAL THEORY OR IF THE DISCLAIMER OF DAMAGES ABOVE IS NOT ENFORCEABLE AT LAW, YOU HEREBY EXPRESSLY AGREE THAT TAPTAB’S LIABILITY TO YOU (FOR ANY CAUSE OF ACTION AND IRRESPECTIVE OF THE FORM OF ACTION) SHALL NOT EXCEED THE AMOUNT OF FEES PAID BY YOU TO TAPTAB UNDER THESE TERMS DURING THE ONE (1) MONTH PRECEDING THE CLAIM.

You hereby accept and agree that the disclaimers and limitations in this section and the previous section are essential elements of the Terms, and they represent a reasonable arrangement between you and TapTab. You specifically understand, accept and agree that these Terms are necessary and required in order for TapTab to make the Platform available to you.

18. DISPUTES

If and when a dispute, controversy, claim or cause of action arises between TapTab and a User (a “Dispute”), you agree that the following process shall apply:

Negotiation. If there is a dispute between the parties relating to or arising out of these Terms, then, within 10 business days of a party notifying the other party of a dispute, senior representatives from each party shall meet (or discuss directly via the telephone or internet) and use all reasonable endeavors acting in good faith to resolve the dispute by joint discussions;

Arbitration Proceedings. In the event of a dispute arising under or relating to these Terms and all attempts to negotiate have been exhausted, either party may only elect to finally and exclusively resolve the dispute by binding arbitration subject to the arbitration provisions set forth in the New York Civil Practice Law and Rules, Article 75, Section 7501 through 7514 and pursuant to New York Law.

Any election to arbitrate, at any time, shall be final and binding on the other party. A party may not commence Arbitration in relation to a dispute relating to or arising out of these Terms unless and until it has exhausted its obligation to negotiate, unless the party seeks appropriate injunctive or other interlocutory relief to preserve property or rights or to avoid losses that damages are inadequate to compensate. All disputes will be resolved before a neutral arbitrator, whose decision will be final.

Any arbitration shall be commenced and conducted by the Judicial Arbitration and Mediation Service (“JAMS”) pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website http://www.jamsadr.com. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of arbitration.

Parties to the arbitration shall each pay an equal share of the costs and expenses of such arbitration, including but not limited to JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, except as prohibited by law. Each party shall separately pay for such party’s attorneys’ fees and costs.

Exception for Equitable Relief. Either you or TapTab may seek equitable relief in the state or federal courts of New York, NY to prevent imminent damage or to maintain the status quo, pending the outcome of arbitration proceedings. No request for equitable relief shall be deemed a waiver of this Section or any provision hereof.

Exception for Intellectual Property Claims. These Terms shall not apply to any controversy, claim or cause of action arising from a violation or infringement of TapTab’s Intellectual Property, including its patents, copyrights or trademarks.

Class Action Waiver. You agree that any arbitration or proceeding shall be limited to the Dispute between TapTab and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons; (iv) the arbitration, including its existence, subject matter, content and results, shall be kept confidential by you and by TapTab, except as may be required by law; and (v) all claims of privilege and privacy recognized by law shall be honored.

YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST TAPTAB ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

19. WAIVER OF JURY TRIAL

TO FACILITATE JUDICIAL RESOLUTION AND TO SAVE TIME AND EXPENSE, YOU IRREVOCABLY AND UNCONDITIONALLY AGREE NOT TO DEMAND A TRIAL BY JURY IN ANY CLAIM, ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THE PLATFORM OR ANY MATTER RELATING TO YOUR USE THEREOF OR YOUR ENGAGEMENT WITH TAPTAB.

20. TERMINATION

By You. You may cancel your account at any time and for any reason. WHEN YOU TERMINATE YOUR ACCOUNT, YOU WILL NOT RECEIVE ANY REFUND OF ANY FEES CHARGED TO YOUR ACCOUNT PRIOR TO RECEIPT OF YOUR CANCELLATION BY TAPTAB. IF YOU HAVE AN ACCOUNT, UNLESS OTHERWISE SET FORTH IN YOUR SPECIFIC PLAN DETAILS, YOUR ACCOUNT WILL REMAIN ACTIVE UNTIL THE END OF YOUR CURRENT SUBSCRIPTION TERM. SUBSCRIPTION FEES WILL NOT BE PRORATED OR REFUNDED FOR PARTIAL-MONTH USAGE.

By TapTab. TapTab may suspend, terminate, or disable access to your account at any time for any actual or suspected breach (which TapTab shall determine in its sole discretion) of any provision of the Terms. TapTab may further, in its sole discretion and for any reason or no reason whatsoever, discontinue your use of the Platform, the Platform itself, and any related products, services or features, including support (or any part thereof), at any time, with or without notice or explanation. You agree that TapTab shall not be liable to you or to any third-party for any such termination or for any effects thereof. Without limiting the generality of the foregoing, TapTab may terminate your access to the Platform in cases of actual or suspected fraud, or in the event of your violation(s) of these Terms or other laws or regulations, and any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies that TapTab may have at law or in equity. Upon termination, you will no longer have access to the Platform or any benefits, features, products or services related thereto.

Loss of Content Upon Termination. Regardless of how terminated, in the event that your account is terminated, any Content submitted by you may be deleted. You agree that TapTab shall have no liability whatsoever for the loss of such Content.

21. GOVERNING LAW AND JURISDICTION

These Terms, as well as the respective rights and obligations hereunder, shall be made under, governed by and construed and enforced in accordance with, the laws of the State of New York without regard to conflict of laws principles. Please note that use of the Platform by any User may be subject to other local, state, national, and international laws. You hereby expressly:

  • Agree that exclusive jurisdiction for resolving any claim or dispute with TapTab relating in any way to use of the Platform resides in the state and federal courts of the State of New York;
  • Agree and consent to the exercise of personal jurisdiction in the state and federal courts of the State of New York;
  • Waive any right to a jury trial in any legal proceeding against TapTab; and
  • Agree that any claim or cause of action with respect to access or use of the Platform must be commenced within one (1) year after the claim arises.

If you are accepting these Terms of Service on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. In such event, these Terms and any action related thereto will be will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of New York (excluding choice of law).

22. ASSIGNMENT

You may not assign, delegate or transfer any rights or obligations hereunder, but TapTab may assign, delegate or transfer its rights or obligations hereunder.

23. WAIVER

No part of these Terms will be deemed waived and no breach excused unless such waiver or consent is provided by TapTab in writing. Any waiver of any part of these Terms shall not be deemed a waiver of any other part of these Terms.

24. SEVERABILITY

The invalidity or unenforceability of any provision of these Terms shall in no way affect the validity or enforceability of any other provision hereof.

25. CONTACT

To contact us with any questions or concerns in connection with these Terms or the Platform, or to provide us with any notice under these Terms, please write to us at info@taptabapp.com.

This document was last updated on March 30, 2018.