Last updated: 05/26/07

TableXchange.com terms and conditions of use:

Please read these terms of use carefully before accessing this website. If you do not understand or agree with these term do not continue using the site.

TableXchange.com (the "Site") is owned and operated by DBNR Partners LLC ("DBNR"). The Site is controlled and operated in whole or in part by DBNR from its offices within the United States

Acceptance of terms

Your continued use of this Site and the services it provides constitutes your binding acceptance of these terms (the "Terms") and DBNR's Privacy Policy and any modifications made. The Terms and Conditions of Use may be updated by DBNR at any time without notice to you. You further agree to comply with all local laws, regulations and rules regarding online conduct and acceptable Content. You represent you have the legal authority to accept these Terms and Conditions of Use on behalf of yourself or any party you represent. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THIS SITE.

Posting and Transmitting Content

The Site consists of a mix of content provided by DBNR, our users and our partners (together, the "Content"). You are responsible for all Content that you post on or transmit through the Site. The following Content is prohibited:

• Information used without the express permission of the owner
• Content that discloses or contains any personally identifying information beyond a first name about any person who appears to be under the age of 18 or that includes private, confidential information
• Content that we have reason to believe was posted for malevolent purposes, including libel, slander, defamation or harassment
• Content that may be deemed grossly offensive to the Site community, including, but not limited to, blatant expressions of bigotry, prejudice, racism, hatred or profanity
• Content promoting or providing instructional information about illegal or illicit activities
• Content that transmits or contains viruses, corrupted files, or any similar element

We examine the Content on the Site on a regular basis and we maintain the absolute right (though not the obligation) to remove any Content that does not meet the standards listed above or that is otherwise objectionable at our sole discretion. We also reserve the right to terminate your access to the Site if you fail to abide by these Terms.

We are not responsible for the loss, deletion, failure to store, misdelivery, or untimely delivery of any Content submitted to or transmitted through the Site. By utilizing the Site you agree to indemnify, defend and hold DBNR and its officers, directors, employees, agents, and affiliates harmless from and against any and all liability, losses, costs, and expenses (including attorneys' fees) incurred by DBNR through your use of the Site or as a result of Content you submit or transmit through the Site in violation of these Terms.

You also agree to take sole responsibility for any royalties, fees or other monies owed to any person by reason of any Content you post or transmit through the Site or the services we provide.

Grant of License.

When you post or transmit Content on or through the Site you grant the Site and DBNR, their affiliates and partners a nonexclusive, perpetual, irrevocable, worldwide, sub licensable, royalty-free license to use, store, display, publish, transmit, transfer, distribute, reproduce, rearrange, edit, modify, aggregate your Content with other Content, create derivative works of and publicly perform that Content for any purpose on and through each of the services provided by the Site or on other sites owned by DBNR or its affiliates or partners. This license shall apply to the distribution and the storage of your Content in any form, medium, or technology now known or later developed.

We have the right, but not the obligation, to use your name, city, state or other personal information in connection with any use of your Content in accordance with the terms of DBNR’s privacy policy.

Pricing or typographical errors

While DBNR strives to provide accurate product and pricing information, pricing or typographical errors may occur. Such errors may occur on this Web Site, in advertisements placed on this Web Site or in other documents linked to this Web Site. In the event that an item is listed at an incorrect price or with incorrect information by DBNR and/or Site users due to an error in pricing or product information, DBNR shall have the right, at its sole discretion, to refuse orders placed for that item or modify the transaction at DBNR’s sole discretion. Prices and availability are subject to change without notice.

Use of the Site and the Site Content

All of the Content available through the Site is protected by our copyrights or trademarks and the copyrights or trademarks of our partners and/or users. You may not use, store, display, publish, transmit, distribute, modify, reproduce, create derivative works of, participate in the transfer or sale of, publicly perform, or in any way exploit any of this Content, in whole or in part, outside of the specific usage rights granted to you by DBNR as part of the services we provide.

You may not to use the Site in any manner that interferes with our normal operations or with the use and enjoyment of another user. You may only access the Site and the Content through the interfaces provided by the Site. You agree to use the Site and the services only for their intended lawful purpose and in accordance with applicable laws.

You understand that by using the Site, you may be exposed to Content that you find offensive or objectionable.

Our Rights

We maintain the right to do any of the following any time, with or without prior notice:

• restrict, suspend, or terminate your access to all or any part of our services;
• change, suspend, or discontinue all or any part of our services;
• refuse, move, or remove any Content;
• refuse to register any user name that may be deemed offensive
• establish general practices, fees and policies concerning the Site and the services we provide

Limits on our Responsibilities

We cannot guarantee the accuracy, security or quality of Content posted on or transmitted through the Site. Without limitation, we are not responsible for the Content posted by users on the Site and your use of the Site and the services provided is at your own risk.

Under no circumstances will we be liable for any loss, harm, error or omission that may result from the use of the Site or the services we provide or for any service failure or interruption, regardless of the cause.

DBNR does not guarantee the security of any information transmitted to or from the Site. You understand and agree to assume the security risk for any information you provide using the Site.

Membership and Account Responsibility

Membership on the Site is available to anyone 18 years of age or older who truthfully and accurately provides all required information (including a legitimate email address) and obtains a unique username and password. The Site is not intended as a service for children and therefore persons under the age of 18 may not become a member. You must be a member in order to post reservation listings, messages or any other user defined content within the Site.

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Furthermore, you are strongly advised to maintain and protect your privacy by choosing carefully what personally identifiable information you include in Content you post on the Site.

We utilize email to communicate with our users about service-related matters. In addition, if you utilize a third-party service provided through the Site, that third party may need to email you regarding their service. We may also contact you via email to notify you about special offers available to Site members. By becoming a Site member you are consenting to the receipt of these communications.

The Site is an advertising supported Internet site. By becoming a Site member you consent to having your Content co-mingled with advertisements that appear on the Site or are incorporated into the services we provide.

Site security

DBNR makes every reasonable effort to protect all data provided by users of this web site. As a condition to your use of this Web Site, you agree that you will not, and you will not take any action intended to: (1) access data that is not intended for you; (2) invade the privacy of, obtain the identity of, or obtain any personal information about any DBNR customer or user of this Web Site; (3) probe, scan or test the vulnerability of this Web Site or the DBNR network or breach security or authentication measures without proper authorization; (4) attempt to interfere with service to any user, host or network or otherwise attempt to disrupt our business, including, without limitation, via means of submitting a virus to this Web Site, overloading, "flooding," "spamming," "mail bombing" or "crashing"; or (5) send unsolicited mail, including promotions and/or advertising of products and services.

Violations of system or network security may result in civil or criminal liability. DBNR reserves the right to investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Web Site or any activity being conducted on this Web Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Web Site other than the search engine and search agents available from DBNR on this Web Site and other than generally available third party web browsers.

Third-Party Sites, Products, and Services

The Site provides access and contains links to third party Internet sites and services that we believe may be of interest or benefit to our users. Your use of those sites and services is subject to the terms and conditions set by such site or service. We have no control over these third parties and we are not responsible for their activities.

We do not sell, resell, or license any of the products or the services that we review, list, or advertise on the Site, and we disclaim any responsibility for or liability related to them. Your correspondence or related activities with third party advertisers, including payment transactions and goods-delivery transactions, are solely between you and that third party advertiser. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third party advertisers. Any questions, complaints, or claims related to any product or service should be directed to the appropriate vendor / advertiser.

Reporting Content Violations

If you believe that any Content shown on or transmitted through the Site violates these Terms or your copyright you can report such violation using the link that is provided on our Help page. In the case of a copyright violation please provide the following information:

• A description of the copyrighted work or other intellectual property that you claim has been infringed;
• A description of where the material that you claim is infringing is located on the site (including the exact URL);
• An address, a telephone number, and an e-mail address where we can contact you and, if different, an e-mail address where the alleged infringing party, if not DBNR, can contact you;
• A statement that you have a good-faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law;
• A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner's behalf;
• Your electronic or physical signature.

No Warranty

This web site and the web site materials are provided to you "as is" and "as available." You acknowledge and agree that your use of this web site and the web site materials is at your own, sole risk. DBNR expressly disclaims all warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. Without limiting the foregoing, DBNR disclaims any and all warranties, express or implied, for any merchandise offered on this web site and any health information or nutritional information provided on this web site. moreover, any merchandise offered on this web site or through service providers is subject to availability. This disclaimer constitutes an essential part of this agreement.

No Show Policy

DBNR is committed to providing superior quality services to its buyers and selling on the Site. To assist us in maintaining a consistently high level of service with the participating Restaurants and patrons, sellers are asked to cancel any reservations that they will be unable to honor at least 90 minutes in advance on the day of the reservation. In the case of larger party reservations, where the restaurant has requested a credit card, you may be required to cancel your reservation in accordance with that restaurant's individual cancellation policy, which will always be shared with the seller at the time the reservation is made.

Third Party Disclaimer

The TableXchange.com Site may contain hypertext links to web sites operated by parties other than DBNR. Any web site you visit by a link from this Site is solely the responsibility of the vendor, merchant, or other party providing the site. Links that may be accessed via this Site are for the convenience of browsers only. Such hypertext links are provided for the users' reference only and DBNR does not control such Web sites and is not responsible for their content. DBNR's inclusion of any hypertext links to such web sites does not imply any endorsement of the material on such web sites or any association with their operators. The content of, including materials and information contained on, any site to which you link from this Site is solely the responsibility of the provider of that web site. Any transactions that you enter into with a vendor, merchant or other party listed in this site or linked from this site are solely between you and that vendor, merchant or other part. DBNR is not responsible for any such third party content that may be accessed via this site. DBNR does not endorse the content contained in these sites, nor the organizations publishing those sites, and hereby disclaims any responsibility for such content.

Applicable Law

These Terms shall be construed in accordance with the laws of the State of New Jersey, and the parties irrevocably consent to bring any action to enforce these Terms before an arbitration panel or before a court of competent jurisdiction in Trenton, New Jersey if seeking interim or preliminary relief or enforcement of an arbitration award.