© 2019 by MyTable

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Customers

MyTable Terms and Conditions of Use

 

Welcome to MyTable.  These Terms and Conditions of Use as set forth in this Agreement (“Agreement”) governs your relationship with MyTable LLC.  In this Agreement, we will refer to MyTable LLC and its affiliates, members, managers, officers, employees and agents as “we,” “us/our” or “MyTable” and we will refer to you as “you,” “member” or “Customer.”  References herein to the MyTable “Platform” (includes any and all Platforms now, or hereafter, owned or operated by MyTable, including MyTable mobile apps).  These Terms and Conditions are effective as of September 11, 2019.

 

THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER.  IT IMPACTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW.  PLEASE READ CAREFULLY.

 

IMPORTANT NOTICE: PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND MYTABLE.  BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND HAVE A CLEAR UNDERSTANDING OF ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THE CONSEQUENCES ASSOCIATED WITH VIOLATING THIS AGREEMENT.

  1. Contractual Relationship.

 

  • Description of Services.  MyTable provides an online and mobile marketplace connecting customers who are looking to arrange at home and at work dining services (“Customer(s)”) with chef contractors (chef contractors are not employees of MyTable) who will be referred to as “Chef Contractor(s).”  MyTable’s “Services” include maintaining an online and mobile marketplace, including applications, websites, content, products, and any other miscellaneous technology services that facilitate booking appointments between the Customer and the Chef Contractor.   Chef Contractors engaged to cook meals for a Customer do so as part of a direct order and communication process between the Customer and the Chef Contractor with MyTable providing Services to facilitate the booking and in turn accepting a commission from the Chef Contractor’s earnings to do so.  Rates for services and expenses for ingredients and any other supplies charged by the Chef Contractor chef contractor are determined by the particular chef contractor and negotiated with the Customer at the time of booking through the Platform.

 

  • What We Agree.

 

  1. MyTable receives requests from Customers expressing interest in certain services related to in-home and at work dining experiences (“Service Request(s)”).  Service Requests from Customers may be submitted directly or indirectly to MyTable by Customers via the Platform, telephone calls, third party websites or other means.  

  2. We provide a roster of Chef Contractors from whom a Customer may make a Service Request.  We do not guarantee to provide you any specific number of Chef Contractors, nor do we make guarantees, representations or warranties of any kind regarding a Chef Contractor, including, without limitation, a Chef Contractor’s level of interest, their desire to have a Service Request completed, their ability to perform the Service Request or the accuracy of the information provided by a Chef Contractor, or that a Chef Contractor will agree to be hired by you to fulfill a Service Request, nor do we guarantee that you will successfully contact a Chef Contractor.  We are not involved in, nor do we have any responsibility for your booking arrangement of a Service Request with a Chef Contractor or any disputes they may have with you or you may have with them.  

  3. We perform a background check on each Chef Contractor at the time a Chef Contractor applies to MyTable for inclusion on our Platform but the performance of a background check at the time of application does not impact any of the statements set forth in paragraph (2) above to which you expressly agree by utilizing the Platform.  

  4. We may provide Chef Contractors with the ability to rate their experience working with you via Customer Ratings and Reviews.  You may have the ability to review Reviews provided by Chef Contactors, which may or may not be displayed on the Platform in MyTable’s sole discretion.

  5. MyTable’s collection and use of personal information in connection with the Services is described in MyTable’s Privacy Statement located at www.mytableapps.com/legal/privacy.

 

  • What You Agree.  You agree to all of the terms and conditions of this Agreement and represent, on behalf of you and your company, if you use a business entity to book a Service Request on the Platform.  By accessing or using the Platform and/or the Services, you verify your agreement to be bound by the provisions of this Agreement.  These Terms explicitly supersede and override any previous agreements or arrangements with you.  MyTable may immediately terminate this Agreement or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.  MyTable may, and is authorized to, amend this Agreement from time to time in its sole discretion.  Amendments will be effective upon MyTable’s posting or distributing such updated Terms and Conditions in a manner of ways including, but not limited to, email notifications, updates to terms on application platform, or push notifications.  Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms as amended. 

 

  1. Membership in the MyTable network is available only to individuals who are at least eighteen (18) years old and can form legally binding contracts under applicable law, and are legal residents of the United States.

  2. You will comply with the MyTable membership requirements as specified in this Agreement from time to time.  If these requirements are amended, you will be advised and must comply immediately upon notification if no action is required on your part or within thirty (30) days if affirmative action is required of you.

  3. You expressly acknowledge and agree that in utilizing MyTable services you are deciding, in your sole and absolute discretion and without any influence by MyTable, to enter into a booking arrangement with a Chef Contractor and to allow a Chef Contractor, including his/her/its employees and agents, into your home or place of business.  The performance of agreed services between a Chef Contractor and you can carry certain risks which you expressly acknowledge and accept, and assume and waive in accordance with the provisions of Section III hereof including, without limitation, damage to property, both real and personal, and damage to individuals based on, among other reasons, food allergies of you and/or your invitees.  You expressly acknowledge and agree that it is your obligation to provide home owner, renter or business insurance to cover all potential costs and damages that may arise as a result of your engagement of a Chef Contractor, including confirmation that the Chef Contractor maintains his/her/its own insurance with acceptable coverage and limits for your purposes.  MyTable does not in any way guarantee the quality of the Chef Contractor’s work or assume in any way responsibility for any damages a Chef Contractor may create in your home or place of business.  In furtherance of your acknowledgements and agreements set forth in this paragraph (3), you also acknowledge and agree that it is your obligation to communicate directly with the Chef Contractor regarding dietary restrictions and food allergies, and any other concerns which may arise, directly or indirectly, with your engagement of a Chef Contractor.  MyTable shall not be held liable for any damage caused by a Chef Contractor, or miscommunication between a Chef Contractor and you, with respect to the matters set forth in this paragraph (3), including, without limitation, food preparation and issues involving dietary restrictions and/or food allergies.

  4. If you provide written comments or testimonials about our Services or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on the Platform or in marketing materials including your name and company if applicable, and that you shall not be entitled to any payments associated with our use of the foregoing.  MyTable reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the Platform or your profile. 

  5. You will not engage in any illegal acts or acts of wrongdoing, dishonesty, or unethical business practices with MyTable, any Chef Contractor or other third party, including, but not limited to, disclosing any Chef Contractor or Customer personal information to any third party in violation of our Privacy Policy.  You will at all times be in full compliance with all applicable Federal, State, local and other laws and regulations applicable to your activities.  YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, PURCHASE  OR SELL A MYTABLE SERVICE REQUEST (OR THE INFORMATION CONTAINED THEREIN), OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A SERIOUS BREACH OF CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHER RIGHTS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO MYTABLE.  RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME AND EFFORT ON THE PART OF MYTABLE.  THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS, INCLUDING, BUT NOT LIMITED TO, FEDERAL, STATE, AND LOCAL “DO-NOT-CALL” REGULATIONS AND FEDERAL, STATE AND LOCAL ANTI-SPAM REGULATIONS.  ACCORDINGLY, IF YOU KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, PURCHASE OR SELL A SERVICE REQUEST (OR THE INFORMATION CONTAINED THEREIN), OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO MYTABLE AS SET FORTH HEREIN FOR ALL DAMAGES, WHETHER DIRECT OR INDIRECT, PUNiTIVIE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES OR ATTORNEYS’ FEES THAT MAY ARISE FROM SUCH ACTIVITIES.

  6. By enrolling in the MyTable network or otherwise becoming a member of MyTable, and/or by inquiring about membership in the MyTable network or other MyTable products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives via phone, fax, email, mail or other reasonable means, at any of your contact number or addresses, even if you are listed on any Federal, State, local or other applicable “Do-Not-Call” list, and even if you have previously opted-out from receiving marketing emails from MyTable, in order that we may provide the services set forth on the Platform, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to our business, including marketing related emails. 

  7. MyTable’s mobile applications may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our mobile application may use such information to allow MyTable to view and track your location.  We may also use this location information for our internal business purposes and for providing and enhancing our products, services and advertising.  IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS ON YOUR DEVICE, OR BY UNINSTALLING OUR MOBILE APPLICATION.  CERTAIN FEATURES, SUCH AS SAME DAY SERVICE, MAY NOT BE AVAILABLE IF YOU OPT OUT OF LOCATION COLLECTION AND MAY HAVE AN ADVERSE IMPACT ON USER EXPERIENCE.

2.   Payments.

 

  • Payments to MyTable.  The commission that MyTable is entitled to pursuant to this Agreement is an amount equal to fifteen (15%) percent of the total amount due to the Chef Contractor before taxes and tips, if any, for any Service Request that results in a booking with a Chef Contractor by you (“Commission”).  We shall be entitled to the Commission at the time of booking.

 

  • Payments by You.

 

  1. You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your MyTable profile, and all contact and billing information, are kept up-to-date and accurate.  MyTable is not responsible, or liable, for undelivered Chef Contractor notifications or any other form of communication.  You acknowledge and accept all policies governing cancellations of reservations for service and refund policies posted on the MyTable Platform at the time of use by you.

  2. Any disputes about the services provided by and payments made to a Chef Contractor must be submitted to MyTable within ten (10) days of the date that the Service Request is filled.  You agree to waive any dispute not made within such time period, and all such payments shall be final and not subject to challenge.

 

3.  Indemnification, Limitation of Liability, Disclaimer of Warranties.

 

  • Indemnification.  You shall indemnify and hold harmless MyTable and all of its members, managers, officers, employees, affiliates and agents and each of their respective successors and assigns (“Indemnified Parties”) from and against any and all claims, demands, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury (including death), intellectual property infringement, fraud, deceptive advertising, violation of any Federal, State or local laws or regulations, property damage, reasonable attorneys’ fees and expenses, including Court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to your obligations set forth in this Agreement, including, but not limited to any on-site activities at home or at work, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF MYTABLE OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE, BY MYTABLE OR THE INDEMNIFIED PARTIES.

 

  • Limitation of Liability, Release of Liability, Assumption of Risk.  In consideration of your use of MyTable’s services, the receipt and sufficiency of which is hereby acknowledged, and specifically including the agreements set forth in Section I.C.(3), you knowingly and freely agree to the provisions of this Section III.B.

 

  1. YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL.  IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF MYTABLE TO YOU EXCEED THE AMOUNT OF THE MYTABLE COMMISSION ACTUALLY RECEIVED BY MYTABLE ATTRIBUTABLE SOLELY TO SERVICE REQUESTS BOOKED BY YOU DURING THE PRECEDING TWELVE (12) MONTHS, REGARDLESS OF THE BASIS OR FORM OF SUCH CLAIM.

  2. YOU ACKNOWLEDGE AND AGREE THAT In consideration for being allowed to utilize MyTable Services, you release from liability and waive your right to sue MyTable and its affiliates, members, managers, employees, officers and agents from any and all claims, including without limitation claims of negligence, resulting in any physical injury, illness (including death) or economic loss you may suffer or which may result from your use or access of the Services, travel to and from any Service activity (including auto travel AND ON-SITE ACTIVITIES), or any events incidental to the use of MyTable Services.

  3. You acknowledge and agree that YOU ARE voluntarily participating in the use of MYTABLE’S’s Services AND THAT there MAY BE risks associated with YOUR participation in these Services, such as physical and/or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability, death or economic loss. These injuries or outcomes may arise from YOUR own or other’s actions, inactions, or negligence, or the condition of the Service location(s) or facility(ies) UTILIZED BY CUSTOMERS. BY UTILIZING MYTABLE’S SERVICES YOU ACKNOWLEDGE AND AGREE THAT YOU assume all risks of YOUR participation in these Services, whether known or unknown to YOU, including travel to and from the Service LOCATON(S) OR FACILITY(IES) (including auto) or any events incidental to the Service.

  4. Disclaimer of Warranties.  YOU ACKNOWLEDGE AND AGREE THAT ALL OF THE MYTABLE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” BASIS, AND THAT MYTABLE DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ALL TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

4.  Agreement to Arbitrate All Disputes, and Governing Law.

 

  • The exclusive means of resolving any dispute between you and MyTable or any claim or controversy arising out of or with respect to this Agreement, or based out of the use of the Platform, or MyTable’s services, or anything else that may exist concerning you and MyTable, shall be BINDING ARBITRATION administered by the American Arbitration Association (“AAA”), EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL, STATE OR LOCAL LAW.  You may not under any circumstances commence, participate in or maintain against MyTable any class action, class arbitration, or other representative action or proceeding.

 

  • By using the Platform and/or MyTable’s services in any manner, you agree to the above arbitration agreement.  In doing so, YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING.  Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY.  You are entitled to a fair hearing before the arbitrator.  The arbitrator can grant any relief that a Court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials or other judicial proceedings.  Decisions by the arbitrator are enforceable in Court and may be overturned by a Court only for very limited reasons.

 

  1. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any Court of competent jurisdiction.  In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against MyTable may only be commenced in the Federal or State Courts located in Suffolk County, Massachusetts.  You hereby irrevocably consent to the jurisdiction of these Courts for such purposes.

  2. This Agreement, and any dispute between you and MyTable, shall be governed by the laws of the State of Delaware without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.

  3. Notwithstanding anything contained in this Agreement to the contrary, you and MyTable each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.

  4. The arbitration will be administered by the AAA in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this arbitration agreement.  The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.

  5. Notwithstanding any choice of law or other provision to the contrary in this Agreement, the parties agree and acknowledge that this arbitration agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act (“FAA”) will govern its interpretation and enforcement and proceedings pursuant thereto.  It is the intent of the parties that the FAA and AAA Rules shall preempt all State laws to the fullest extent permitted by law.  If the FAA and AAA rules are found to not apply to any issue that arises under this arbitration agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of Delaware without regard to principles of conflicts of law.

  6. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules (The AAA provides a form Demand for Arbitration – Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879).  The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of Delaware and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators.  If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.

  7. Unless you and MyTable otherwise agree, the arbitration will be conducted in Suffolk County, Massachusetts.  If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and MyTable submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary.  If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules.  Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

  8. The Arbitrator will render an award within the time frame specified in the AAA Rules.  Judgment specified on the arbitration award may be entered in any court having competent jurisdiction to do so.  The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.  An Arbitrator’s decision shall be final and binding on all parties.  An Arbitrator’s decision and judgement thereon shall have no precedential or collateral estoppel effect.

  9. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. 

  10. Notwithstanding anything contained in this Agreement to the contrary, if MyTable changes this arbitration agreement after the date you first agreed to this Agreement (or to any subsequent changes to this Agreement), you may reject any such change by providing MyTable written notice of such rejection within thirty (30) days of the date such change became effective, as indicated in the “Effective” date above.  This written notice must be provided either (a) by mail or hand delivery to our registered agent for service of process, c/o MyTable LLC, or (b) by email from the email address associated with your account.  In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this arbitration agreement.  By rejecting changes, you are agreeing that you will arbitrate any dispute between you and MyTable in accordance with the provisions of this arbitration agreement as of the date you first agreed to this Agreement (or to any subsequent changes to this Agreement).

  11. If any portion of this arbitration agreement is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from this Agreement; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Agreement; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.

 

  1. Miscellaneous Provisions.

 

  • Amendment.  This Agreement may be changed from time to time in MyTable’s sole discretion.  By continuing to use the Platform or any of MyTable’s services you are agreeing to be bound by any such non-material changes.  Material changes to this Agreement will be posted on the Platform at www.mytableapps.com/legal and periodically communicated to you by email, text, Platform or other reasonable means.  By continuing to use any MyTable services after receiving any such notice of changes from MyTable, you are agreeing to all such changes.

 

  • Termination. 

 

  1. You may terminate this Agreement upon our receipt of your notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered or received).

  2. MyTable, in its sole discretion, reserves the right to suspend your rights under this Agreement or to terminate this Agreement and your membership in the MyTable network immediately at any time or for any reason or no reason at all.

  3. If this Agreement is terminated or expires, your obligations under this Agreement shall continue, including but not limited to with respect to disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims.  Further, in the event this Agreement is terminated or expires, all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display any MyTable content in any manner.  Upon termination of this Agreement, you will no longer have access to your MyTable account.

  4. If it is determined or suspected by MyTable, in its sole discretion, that you are misusing or attempting to misuse or circumvent the MyTable services or system or and Customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by MyTable, in addition to our right to immediately terminate this Agreement, MyTable reserves the right, in its sole discretion, to initiate, without notice, appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, reasonable legal fees, expenses and costs, and to seek injunctive or other equitable remedies.

  5. You will be liable for any reasonable attorneys’ fees, expenses and costs if we have to take legal action (including the retention of an attorney) to enforce this Agreement.  The laws of the State of Delaware without regard to principles of conflicts of law shall govern this Agreement.  You hereby consent and agree that the Federal and State Courts of Suffolk County, Massachusetts are the exclusive forum for litigation of any claim by you arising under this Agreement or your use of the Platform or other MyTable services, and you submit to the sole and exclusive jurisdiction of the State of Massachusetts, County of Suffolk, and irrevocably waive and relinquish any right to bring, or cause to be brought, any such action in any judicial or administrative forum outside of such forum.

  6. Chef Contractor Status.  You acknowledge and agree that each Chef Contractor (i) is an independent contractor of MyTable and is not a MyTable employee, joint venture, partner or agent, and (ii) sets or confirms their own prices, provides their own equipment/supplies, and determines their own work schedule.  MyTable does not control, and has no right to control, the services provided by a Chef Contractor, including how a Chef Contractor provides such services.

  7. Severability.  If any provision of this Agreement is held by any Court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable Federal, State or local law or regulation, such law or regulation shall control, to the extent of the conflict, without affecting the remaining provisions of this Agreement.

  8. Wireless Charges.  Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.

  9. Messages.  MyTable and its affiliates may view, store, access and disclose messages exchanged between you and Chef Contractors transmitted via MyTable’s messaging platform.

  10. Usage.  MyTable has the right to use all information related to you in accordance with its Privacy Policy, which can be found at www.mytableapps.com/legal/privacy.

  11. Robots.  You agree not to copy/collect MyTable content via robots, spiders, scripts, scrapers, crawlers or any automated or manual equivalent (e.g., by hand).

 
Chefs

Welcome to MyTable.  These Terms and Conditions of Use as set forth in this Agreement (“Agreement”) governs your relationship with MyTable LLC.  In this Agreement, we will refer to you, the member Chef Contractor, whether as an individual or as an entity, and all of your d/b/a’s, affiliates, agents, employees, representatives and subcontractors, as “you,” “SP,” “Chef Contractor” or “member” and to MyTable LLC and its affiliates, members, managers, officers, employees and agents as “we,” “us/our” or “MyTable.”  Other Chef Contractors who have joined MyTable’s network are referred to in this Agreement as “Chef Contractor” or “member.”  Unless otherwise stated, all terms and conditions set forth in this Agreement that apply generally to Chef Contractors also apply to and bind you.  References herein to the MyTable “Platform” (includes any and all Platforms now, or hereafter, owned or operated by MyTable, including MyTable mobile apps).  These Terms and Conditions are effective as of August 30, 2019.

 

THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER.  IT IMPACTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW.  PLEASE READ CAREFULLY.

 

IMPORTANT NOTICE: PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND MYTABLE.  BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND HAVE A CLEAR UNDERSTANDING OF ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THE CONSEQUENCES ASSOCIATED WITH VIOLATING THIS AGREEMENT.

 

  1. Contractual Relationship.

 

  • Description of Services.  MyTable provides an online and mobile marketplace connecting customers who are looking to arrange at home and at work dining services (“Customers”) with chef contractors (chef contractors are not employees of MyTable) who will be referred to as “Chef Contractor(s).”  MyTable’s “Services” include maintaining an online and mobile marketplace, including applications, websites, content, products, and any other miscellaneous technology services that facilitate booking appointments between the Customer and the Chef Contractor.   Although MyTable maintains certain specific information about Customers and Chef Contractor, it does not verify the identity and does not provide any form of background check on any of its Customers.  Chef Contractors engaged to cook meals for a Customer do so as part of a direct order and communication process between the Customer and the Chef Contractor with MyTable providing Services to facilitate the booking and in turn accepting a commission from the Chef Contractor’s earnings to do so.  Rates for services and expenses for ingredients and any other supplies charged by the Chef Contractor are determined by the particular Chef Contractor and negotiated with the Customer at the time of booking through the Platform.

 

 

  • What We Agree.

 

  1. MyTable receives requests from Customers expressing interest in certain services related to in-home and at work dining experiences (“Service Request(s)”).  Service Requests from Customers may be submitted directly or indirectly to MyTable by Customers via the Platform, telephone calls, third party websites or other means.  In turn, MyTable may send you an automated communication about a Service Request that contains information about what service has been requested and the Customer’s contact information (a “Lead”).  We may also send your contact information to the Customer.  The information we provide about you will be based on the information you submit with your Chef Contractor Application, which may include a Profile Interview, to become a Chef Contractor member of MyTable’s network, which you may amend from time to time, and from MyTable Customer Ratings and Reviews, if any, and may be amended by MyTable from time to time in its sole discretion.  Leads may also be sent to other Chef Contractors based on the category of the Service Request.

  2. We do not limit the number of Chef Contractors that are matched to a Customer.  We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties of any kind regarding a Customer, including, without limitation, a Customer’s level of interest, their desire to have a Service Request completed, their ability to pay for the Service Request or their creditworthiness, the accuracy of the information provided by a Customer, or that a Customer will hire you to fulfill a Service Request, nor do we guarantee that you will successfully contact a Customer.  We are not involved in, nor do we have any responsibility for your contract with a Customer or any disputes they may have with you or you may have with them.  MyTable is free to contract with other Chef Contractors as this is not an exclusive contract.

  3. We may provide Customers with the ability to rate their experience working with you via Customer Ratings and Reviews.  You may have the ability to solicit and collect ratings and review from any of your Customers, which may or may not be displayed on the Platform in MyTable’s sole discretion.

  4. MyTable’s collection and use of personal information in connection with the Services is described in MyTable’s Privacy Statement located at www.mytableapps.com/legal/privacy.

 

  • What You Agree.  You agree to all of the terms and conditions of this Agreement and represent, on behalf of you, your company (meaning, for purposes of this Agreement, a company of which you are an owner, including any predecessor entities of your company but specifically excluding any restaurant entities which you may be associated with if such association, in conjunction with your execution and performance of this Agreement, would result in a breach of the representation and warranty set forth in paragraph (2) below) employees, subcontractors, and any individuals performing work on your behalf or for your benefit, at the time you become a Chef Contractor, and thereafter for as long as this Agreement remains in effect, to the provisions of this Section I.C.  By accessing or using the Platform and/or the Services, you verify your agreement to be bound by the provisions of this Agreement.  These Terms explicitly supersede and override any previous agreements or arrangements with you.  MyTable may immediately terminate this Agreement or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.  MyTable may, and is authorized to, amend this Agreement from time to time in its sole discretion.  Amendments will be effective upon MyTable’s posting or distributing such updated Terms and Conditions in a manner of ways including, but not limited to, email notifications, updates to terms on application platform, or push notifications.  Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms as amended. 

 

  1. Membership in the MyTable network is available only to individuals who are at least eighteen (18) years old and can form legally binding contracts under applicable law, and are legal residents of the United States with a validly issued taxpayer identification number.

  2. You are qualified and capable of performing the services and tasks for which a Chef Contractor chef contractor would be hired by a Customer as described in your Chef Contractor Application, including a Profile Interview, if applicable, and any subsequent amendments you may make to your Chef Contractor profile.  You represent and warrant that you are not a party to any agreement, including without limitation any agreement with restrictive covenants concerning competition and related trade practices which could have an adverse impact on your performance as a Chef Contractor pursuant to this Agreement.  You acknowledge and agree that MyTable has materially relied upon the accuracy of the foregoing representation and warranty in entering into this Agreement.

  3. You are, and at all times will be, properly and fully licensed, bonded and insured (at levels in accordance with applicable industry standards), with MyTable named as an additional insured on your insurance coverage/policies, under all applicable laws and regulations applicable to the food service industry (and upon request will produce documentation to verify the foregoing), and, further, that you have not been turned down for insurance coverage related to your provision of services.  You will notify us promptly of any such changes to your licensing, bonding or insured status.

  4. You agree that MyTable may perform such background checks on you as it determines are necessary in its sole discretion; provided, however, that the performance of a background check, or not, shall not impact in any way your agreements and obligations as set forth herein.

  5. You will comply with the MyTable membership requirements as specified in this Agreement from time to time.  If these requirements are amended, you will be advised and must comply immediately upon notification if no action is required on your part or within thirty (30) days if affirmative action is required of you.

  6. You hereby represent that you, and any predecessor entities of your company, any majority shareholders, partners, members, and your company, are free from (i) civil judgments within the last two (2) years, and (ii) felony convictions.  If at any time during your membership with MyTable you, any predecessor entities of your company, any majority shareholders, partners, members, and your company, should file for bankruptcy or be involved in any bankruptcy proceedings, have a civil judgment entered against such party or a felony conviction entered against such party, you will promptly notify MyTable.  You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership (or had your membership revoked) from any professional industry association.  You authorize MyTable to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.

  7. If you provide any quotes to Customers via the Platform, such quotes are provided for information purposes only unless and until accepted as evidenced by a completed booking, including a deposit, via the Platform.  In the event a Customer selects you on the Platform in response to a quote you provide (or schedules an appointment), such selection (or appointment) is merely an indication of the Customer’s interest in contacting or being contacted by you unless and until accepted as evidenced by a completed booking, including a deposit, via the Platform.

  8. If you provide written comments or testimonials about our Services or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on the Platform or in marketing materials including your name and company, and that you shall not be entitled to any payments associated with our use of the foregoing.  You hereby authorize us to use your name, company name, and any of the trademarks, service marks, trade names and logos, content (including photographs), in the form or format that you supply to us or that you upload to the Platform, for use and posting on the Platform and of use in marketing materials to be presented to Customers in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing.  MyTable reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the Platform or your profile.  You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content as contemplated by this Agreement, shall not violate any third party’s intellectual property rights.  If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use.  If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of MyTable as necessary to promote your business.  You are expressly prohibited from registering any trademarks or domain names of MyTable.

  9. By posting or providing any content on the Platform, including but not limited to photographs (“Content”), you represent and warrant to MyTable that you own or have all necessary rights to use the Content and grant to MyTable the rights set forth herein.  The foregoing representation includes, but is not limited to, a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights set forth herein in relation to any persons, places or intellectual property pictured in any photographic Content that you provided.  In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.  You hereby grant MyTable and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sib-licensable, world-wide license to use, store, display, reproduce, modify, abridge, edit, create derivate works, perform, distribute and place advertising near and adjacent to your Content on the Platform (and on your MyTable aprons required to be worn during in home, and at work to the extent appropriate, meal prep).  Nothing in this Agreement shall restrict other legal rights MyTable may have to the Content.  MyTable reserves the right to remove or modify Content for any reason, including Content which MyTable believes violates this Agreement or our policies as determined in our sole discretion.  You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now or hereafter created) the Content, including your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.  In the event your MyTable membership is terminated for any reason, or if you remove any Content from the Platform, MyTable and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted herein).  You acknowledge and agree that any Content you post or provided may be viewed by the general public and will not be treated as private, proprietary or confidential.  Further, to the extent permitted by law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.

  10. You acknowledge and agree that all of the content posted on the Platform, including but not limited to Chef Contractor profiles, screening information, and Customer Ratings and Reviews for all MyTable Chef Contractors (excluding any logos or trademarked materials, or other intellectual property of Chef Contractors provided by Chef Contractors), is the sole and exclusive property of MyTable.  You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings and Reviews (including those relating to you and your business) or any other content posted on the Platform, other than Content directly posted by you, without the prior written consent of MyTable in its sole discretion.  You represent and warrant that all of the information you provide to MyTable, including any and all information you include on your profile page, is true and accurate.  You acknowledge and agree that a violation of any of the foregoing could result in significant damages, and you agree that you are liable to MyTable for any such damages, and will indemnify MyTable as set forth herein in the event of any third party claims against MyTable based on your violation of the foregoing.  You acknowledge and agree that MyTable has the right, in its sole discretion, to contact Customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on the Platform.  MyTable is not responsible or liable to you for any comments, ratings or communications of any kind from Customers that we choose to post on the Platform.

  11. You will not engage in any illegal acts or acts of wrongdoing, dishonesty, or unethical business practices with MyTable, any Customer or other third party, including, but not limited to, disclosing any Customer personal information to any third party in violation of our Privacy Policy.  You will at all times be in full compliance with all applicable Federal, State, local and other laws and regulations applicable to your activities.  YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, PURCHASE OR SELL A MYTABLE SERVICE REQUEST OR LEAD (OR THE INFORMATION CONTAINED THEREIN), OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A SERIOUS BREACH OF CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHER RIGHTS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO MYTABLE.  RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME AND EFFORT ON THE PART OF MYTABLE.  THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS, INCLUDING, BUT NOT LIMITED TO, FEDERAL, STATE, AND LOCAL “DO-NOT-CALL” REGULATIONS AND FEDERAL, STATE AND LOCAL ANTI-SPAM REGULATIONS.  ACCORDINGLY, IF YOU KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, PURCHASE OR SELL A SERVICE REQUEST OR LEAD (OR THE INFORMATION CONTAINED THEREIN), OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO MYTABLE AS SET FORTH HEREIN FOR ALL DAMAGES, WHETHER DIRECT OR INDIRECT, PUNTIVIE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES OR ATTORNEYS’ FEES THAT MAY ARISE FROM SUCH ACTIVITIES.

  12. You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide service to Customers your learn of via a Lead.  To the extent you use any such subcontractors, you shall be responsible for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all of the provisions of this Section I.C.  You agree not to sell, purchase, trade, gift, assign, or otherwise transfer any Service Requests or Leads provided by MyTable to any third party, including other MyTable Chef Contractors.  You agree that in no event are you, or anyone claiming by, through or under you, an employee of MyTable as you, and anyone claiming by, through or under you, are independent contractors for all purposes, including, without limitation, employment laws, benefits and tax withholding and payment.

  13. In the event you participate in any promotion whereby MyTable promotes an offer or discount related to your services, whether on the Platform, by email, or otherwise, you agree to abide by the terms of such offer or discount.

  14. By enrolling in the MyTable network or otherwise becoming a member of MyTable, and/or by inquiring about membership in the MyTable network or other MyTable products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives via phone, fax, email, mail or other reasonable means, at any of your contact number or addresses, even if you are listed on any Federal, State, local or other applicable “Do-Not-Call” list, and even if you have previously opted-out from receiving marketing emails from MyTable, in order that we may provide the services set forth on the Platform, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to our business, including marketing related emails. 

  15. MyTable’s mobile applications may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our mobile application may use such information to allow MyTable and its Customers to view and track your location.  We may also use this location information for our internal business purposes and for providing and enhancing our products, services and advertising.  IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS ON YOUR DEVICE, OR BY UNINSTALLING OUR MOBILE APPLICATION.  CERTAIN FEATURES, SUCH AS SAME DAY SERVICE, MAY NOT BE AVAILABLE IF YOU OPT OUT OF LOCATION COLLECTION AND MAY HAVE AN ADVERSE IMPACT ON YOUR, AND/OR THE CUSTOMER’S, MYTABLE EXPERIENCE.

  16. You expressly acknowledge and agree that in utilizing MyTable services you are deciding, in your sole and absolute discretion and without any influence by MyTable, to enter into a booking arrangement with a Customer and to enter into, including your employees and agents, the home or place of business of a Customer.  The performance of agreed services between a Customer and you can carry certain risks which you expressly acknowledge and accept, and assume and waive in accordance with the provisions of Section III hereof including, without limitation, damage to property, both real and personal, and damage to individuals based on, among other reasons, unsafe conditions or the acts or omissions of a Customer and/or his/her/its invitees.  You expressly acknowledge and agree that it is your obligation to provide commercially reasonable insurance as set forth herein to cover all potential costs and damages that may arise as a result of your engagement by a Customer, including confirmation that the Customer maintains his/her/its own insurance with acceptable coverage and limits for your purposes.  MyTable does not in any way guarantee the quality of the Chef Contractor’s work or the conduct of a Customer, or assume in any way responsibility for any damages a Chef Contractor or a Customer may create in the home or place of business in which a Service Request is being performed.  In furtherance of your acknowledgements and agreements set forth in this paragraph (16), you also acknowledge and agree that it is your obligation to communicate directly with the Customer regarding dietary restrictions and food allergies, and any other concerns which may arise, directly or indirectly, with respect to your engagement as a Chef Contractor.  MyTable shall not be held liable for any damage caused by a Chef Contractor or a Customer, or miscommunication between a Chef Contractor and a Customer, with respect to the matters set forth in this paragraph (16), including, without limitation, food preparation and issues involving dietary restrictions and/or food allergies.

 

2. Payments.

 

  • Payments to MyTable.  The commission that MyTable is entitled to pursuant to this Agreement is an amount equal to fifteen (15%) percent of the total amount due to you before taxes and tips, if any, for any Service Request or Lead that results in a booking with you by a Customer (“Commission”).  We shall be entitled to the Commission at the time of booking and will remit to you the balance due in accordance with the provisions of this Agreement (the “SP Fee”).

 

  • Payments to You.  The SP Fee shall be paid to you utilizing the payment processing vendor selected by MyTable, in its sole discretion, with the payment details mutually agreed upon by the SP and MyTable.

 

  1. You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your MyTable profile, and all contact and billing information, are kept up-to-date and accurate.  MyTable is not responsible, or liable, for undelivered Customer notifications or any other form of communication. 

  2. Any disputes about the SP Fee must be submitted to MyTable within seven (7) days of the date you receive notification of the particular SP Fee at issue.  You agree to waive any dispute not made within such time period, and all such payments shall be final and not subject to challenge.

  3. You acknowledge and agree that the SP Fee is not due or payable to the extent such SP Fee is in violation of applicable law.

 

3.  Indemnification, Limitation of Liability, Disclaimer of Warranties.

 

  • Indemnification.  You shall indemnify and hold harmless MyTable and all of its members, managers, officers, employees, affiliates and agents and each of their respective successors and assigns (“Indemnified Parties”) from and against any and all claims, demands, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury (including death), intellectual property infringement, fraud, deceptive advertising, violation of any Federal, State or local laws or regulations, property damage, reasonable attorneys’ fees and expenses, including Court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) your performance of services for or dealings with any Customers, including their guests or invitees, or affected third parties, including any on-site acts or omissions at a Customer’s home or place of business (ii) your advertising, (iii) your services, representations, or obligations, including but not limited to your obligation to maintain confidentiality of Customer personal information, set forth in this Agreement, including anything you may provide to a Customer outside a particular Service Request, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF MYTABLE OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE, BY MYTABLE OR THE INDEMNIFIED PARTIES.

  • Limitation of Liability, Release of Liability, Assumption of Risk.  In consideration of your use of MyTable’s services, the receipt and sufficiency of which is hereby acknowledged, and specifically including the agreements set forth in Section I.C.(16), you knowingly and freely agree to the provisions of this Section III.B.

 

  1. YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL.  IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF MYTABLE TO YOU EXCEED THE AMOUNT OF THE MYTABLE COMMISSIONS ACTUALLY RECEIVED BY MYTABLE ATTRIBUTABLE SOLELY TO SERVICE REQUESTS BOOKED BY YOU DURING THE PRECEDING TWELVE (12) MONTHS, REGARDLESS OF THE BASIS OR FORM OF SUCH CLAIM.

  2. YOU ACKNOWLEDGE AND AGREE THAT In consideration for being allowed to utilize MyTable Services, you release from liability and waive your right to sue MyTable and its affiliates, members, managers, employees, officers and agents from any and all claims, including without limitation claims of negligence, resulting in any physical injury, illness (including death) or economic loss you may suffer or which may result from your use or access of the Services, travel to and from any Service activity (including auto travel), or any events incidental to the use of MyTable Services.

  3. You acknowledge and agree that YOU ARE voluntarily participating in the use of MYTABLE’S’s Services AND THAT there MAY BE risks associated with YOUR participation in these Services, such as physical and/or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability, death or economic loss. These injuries or outcomes may arise from YOUR own or other’s actions, inactions, or negligence, or the condition of the Service location(s) or facility(ies) UTILIZED BY CUSTOMERS. BY UTILIZING MYTABLE’S SERVICES YOU ACKNOWLEDGE AND AGREE THAT YOU assume all risks of YOUR participation in these Services, whether known or unknown to YOU, including travel to and from the Service LOCATON(S) OR FACILITY(IES) (including auto TRAVEL AND ON-SITE ACTIVITIES) or any events incidental to the Service.

  4. Disclaimer of Warranties.  YOU ACKNOWLEDGE AND AGREE THAT ALL OF THE MYTABLE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” BASIS, AND THAT MYTABLE DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ALL TO THE MAXIMUM EXTENT PERMITTED BY LAW.

4.  Agreement to Arbitrate All Disputes, and Governing Law.

 

  • The exclusive means of resolving any dispute between you and MyTable or any claim or controversy arising out of or with respect to this Agreement, or based out of the use of the Platform, or MyTable’s services, or anything else that may exist concerning you and MyTable, shall be BINDING ARBITRATION administered by the American Arbitration Association (“AAA”), EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL, STATE OR LOCAL LAW.  You may not under any circumstances commence, participate in or maintain against MyTable any class action, class arbitration, or other representative action or proceeding.

 

  • By using the Platform and/or MyTable’s services in any manner, you agree to the above arbitration agreement.  In doing so, YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING.  Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY.  You are entitled to a fair hearing before the arbitrator.  The arbitrator can grant any relief that a Court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials or other judicial proceedings.  Decisions by the arbitrator are enforceable in Court and may be overturned by a Court only for very limited reasons.

 

  1. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any Court of competent jurisdiction.  In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against MyTable may only be commenced in the Federal or State Courts located in Suffolk County, Massachusetts.  You hereby irrevocably consent to the jurisdiction of these Courts for such purposes.

  2. This Agreement, and any dispute between you and MyTable, shall be governed by the laws of the State of Delaware without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.

  3. Notwithstanding anything contained in this Agreement to the contrary, you and MyTable each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.

  4. The arbitration will be administered by the AAA in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this arbitration agreement.  The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.

  5. Notwithstanding any choice of law or other provision to the contrary in this Agreement, the parties agree and acknowledge that this arbitration agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act (“FAA”) will govern its interpretation and enforcement and proceedings pursuant thereto.  It is the intent of the parties that the FAA and AAA Rules shall preempt all State laws to the fullest extent permitted by law.  If the FAA and AAA rules are found to not apply to any issue that arises under this arbitration agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of Delaware without regard to principles of conflicts of law.

  6. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules (The AAA provides a form Demand for Arbitration – Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879).  The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of Delaware and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators.  If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.

  7. Unless you and MyTable otherwise agree, the arbitration will be conducted in Suffolk County, Massachusetts.  If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and MyTable submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary.  If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules.  Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

  8. The Arbitrator will render an award within the time frame specified in the AAA Rules.  Judgment specified on the arbitration award may be entered in any court having competent jurisdiction to do so.  The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.  An Arbitrator’s decision shall be final and binding on all parties.  An Arbitrator’s decision and judgement thereon shall have no precedential or collateral estoppel effect.

  9. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. 

  10. Notwithstanding anything contained in this Agreement to the contrary, if MyTable changes this arbitration agreement after the date you first agreed to this Agreement (or to any subsequent changes to this Agreement), you may reject any such change by providing MyTable written notice of such rejection within thirty (30) days of the date such change became effective, as indicated in the “Effective” date above.  This written notice must be provided either (a) by mail or hand delivery to our registered agent for service of process, c/o MyTable LLC, or (b) by email from the email address associated with your account.  In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this arbitration agreement.  By rejecting changes, you are agreeing that you will arbitrate any dispute between you and MyTable in accordance with the provisions of this arbitration agreement as of the date you first agreed to this Agreement (or to any subsequent changes to this Agreement).

  11. If any portion of this arbitration agreement is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from this Agreement; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Agreement; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.

 

5.  Miscellaneous Provisions.

 

  • Amendment.  This Agreement may be changed from time to time in MyTable’s sole discretion.  By continuing to use the Platform or any of MyTable’s services you are agreeing to be bound by any such non-material changes.  Material changes to this Agreement will be posted on the Platform at www.mytableapps.com/legal and periodically communicated to you by email, text, Platform or other reasonable means.  By continuing to use any MyTable services after receiving any such notice of changes from MyTable, you are agreeing to all such changes.

 

 

  • Termination. 

 

  1. You may terminate this Agreement upon our receipt of your notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered or received).

  2. MyTable, in its sole discretion, reserves the right to suspend your rights under this Agreement or to terminate this Agreement and your membership in the MyTable network immediately at any time or for any reason or no reason at all.

  3. If this Agreement is terminated or expires, your obligations under this Agreement shall continue, and any Leads provided to you during the Term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement, including but not limited to with respect to disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims.  Further, in the event this Agreement is terminated or expires, all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display any MyTable content in any manner.  Upon termination of this Agreement, you will no longer have access to your MyTable account.

  4. If it is determined or suspected by MyTable, in its sole discretion, that you are misusing or attempting to misuse or circumvent the MyTable services or system or and Customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by MyTable, in addition to our right to immediately terminate this Agreement, MyTable reserves the right, in its sole discretion, to initiate, without notice, appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, reasonable legal fees, expenses and costs, and to seek injunctive or other equitable remedies.

  5. You will be liable for any reasonable attorneys’ fees, expenses and costs if we have to take legal action (including the retention of an attorney) to enforce this Agreement.  The laws of the State of Delaware without regard to principles of conflicts of law shall govern this Agreement.  You hereby consent and agree that the Federal and State Courts of Suffolk County, Massachusetts are the exclusive forum for litigation of any claim by you arising under this Agreement or your use of the Platform or other MyTable services, and you submit to the sole and exclusive jurisdiction of the State of Massachusetts, County of Suffolk, and irrevocably waive and relinquish any right to bring, or cause to be brought, any such action in any judicial or administrative forum outside of such forum.

  6. Contractor Status.  You acknowledge and agree that you are an independent contractor of MyTable and are not a MyTable employee, joint venture, partner or agent.  You acknowledge and agree that you set or confirm your own prices, provide your own equipment/supplies, and determine your own work schedule.  MyTable does not control, and has no right to control, the services you provide, including how you provide such services, if you are engaged by a consumer, including a Customer, except as may be expressly set forth herein.

  7. Severability.  If any provision of this Agreement is held by any Court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable Federal, State or local law or regulation, such law or regulation shall control, to the extent of the conflict, without affecting the remaining provisions of this Agreement.

  8. Wireless Charges.  Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.

  9. Messages.  MyTable and its affiliates may view, store, access and disclose messages exchanged between you and Customers transmitted via MyTable’s messaging platform.

  10. Usage.  MyTable has the right to use all information related to you in accordance with its Privacy Policy, which can be found at www.mytableapps.com/legal/privacy.

  11. Robots.  You agree not to copy/collect MyTable content via robots, spiders, scripts, scrapers, crawlers or any automated or manual equivalent (e.g., by hand).