88restaurants.com End User License Agreement (EULA)

88restaurants.com is a tool that allows you to effortlessly book reservations at area restaurants, tours, and clubs (called venues) 24 hours a day, 7 days a week. Any references in this agreement to "licensor", "we", "our", or "us" shall refer to 88restaurants.com and its successors and assignees. Please read this EULA carefully and make sure that you fully understand it. You are not permitted to use the 88restaurants.com site unless you comply with this EULA.

Authorized Use

88restaurants.com membership is available for the purpose of booking reservations. It required you enter a valid email address and mobile phone number. If either of these are inaccurate your reservation may be voided. Your personal information will be used only for purposes of contacting you with respect to 88restaurants.com matters.

Privacy

88 Restaurants requires you enter a valid email address and mobile phone number while booking reservations. We provide both of these data points to the business you are booking in order to facilitate proper communication. We also reserve the right to send you notifications about reservations, new features, and promotional offers via email and SMS. In all cases you have the capacity to disable any notifications be they pertinent to booking such as reservation confirmations and cancellations or marketing such those highlighting new venues, special offers, or new features. 88restaurants.com is not responsible for any marketing activities of our clients. We will not send any emails or SMS messages pertaining to other marketing programs or sell your information to any such programs or third parties.

Restrictions

Generally, all we ask is that you honor the reservation system's integrity and use it for intended purposes only. Your 88restaurants.com membership is subject to the following restrictions:

• You agree not to modify, reverse engineer, decompile, or disassemble any technology associated with 88restaurants.com
• You agree not to use 88restaurants.com, cause 88restaurants.com to be used, or use 88restaurants.com data or services, to discover personal or online identities of any 88restaurants.com client for the purpose of ostracizing or otherwise taking action against the client, for harming the client, or for limiting the client in any manner of which the client would reasonably be expected to disapprove. You agree not to reverse engineer or manipulate 88restaurants.com software, data, or services to identify other members of 88restaurants.com.
• You agree not to use 88restaurants.com for any purpose other than its intended purpose of booking reservations.
• You acknowledge that your use of 88restaurants.com does not remove your obligation to comply with terms and conditions that you may have agreed to with third parties. In no event will we be responsible for any damages resulting from your failure to comply with agreements you have with any third parties, including your employer.

Termination

Your membership to use 88restaurants.com will be terminated without notice if you fail to comply with the terms and requirements of this document. We also reserve the right to temporarily suspend or terminate your membership privileges for any reason whatsoever. This right will be exercised without notice if we discover or suspect that you are intentionally making reservations that are false or in which you do not intend to honor.

Intellectual Property

Title, ownership rights and intellectual property rights in and to 88restaurants.com shall remain completely with Licensor. You hereby agree and acknowledge that we own all right, title and interest in and to 88restaurants.com, and in and to any intellectual property (including, without limitation, copyrights, patents, trademarks, and any other proprietary rights) related to 88restaurants.com. If you send us or otherwise share with us any ideas, comments, or suggestions regarding 88restaurants.com, you acknowledge and agree that we may use such ideas, comments or suggestions in any manner, for any purpose, and without the need for any further compensation, approval or consent.

No Partnership or Employment Relationship; Independent Contractors

No partnership, joint venture, employment or agency relationship, or similar relationship is created by this EULA or by your use of the 88restaurants.com website.

Disclaimer of Warranties

88restaurants.com membership IS PROVIDED ON AN AS IS BASIS, WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF 88restaurants.com IS BORNE BY YOU. 88restaurants.com is in no way liable for any loss of reservation information. 88restaurants.com is not liable for performance by 88restaurants.com clients to honor reservations or perks associated with any reservation. 88restaurants.com is not liable for any negative experience incurred resulting from poor performance by 88restaurants.com clients.

Damages

IN NO EVENT WILL WE BE RESPONSIBLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH THE USE OF 88restaurants.com.

Miscellaneous Provisions

This EULA will be governed by and construed in accordance with the laws of the State of Texas and, to the extent applicable, United States federal laws. The exclusive forum for any disputes arising out of or relating to this EULA shall be an appropriate federal or state court in Travis County, Texas. You hereby expressly waive your right to a jury trial and all venue, jurisdiction and choice of law challenges or defenses.
If a court finds any provision or portion of this EULA to be invalid or unenforceable, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this EULA will continue in full force and effect.
This EULA constitutes the entire agreement between you and us with respect to 88restaurants.com, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding 88restaurants.com.
Any changes to this EULA will be published here. Your use of 88restaurants.com will always be governed by the EULA in effect at the time of use, so be sure to check back periodically for any changes.
Thank you for reading this. Now, it's time to start making reservations and earning rewards!