At any time, and without advance notice, we may, for violations of this Agreement or for any reason deemed appropriate, (1) suspend your access to Killer Rezzy, or (2) suspend or terminate Your Account (as hereinafter defined).
Though there is no guarantee that we will monitor Killer Rezzy, we reserve the right to do so. Your use of our website and/or mobile application is taken as consent to such monitoring.
In order to make a purchase via the Killer Rezzy website or mobile application, you must create a Member Account (“Your Account”). Creation of Your Account requires that you provide your personal, legal name, telephone number, email address, as well as a password.
You must be at least 18 years old to use this Service. This Service is intended for use by individuals 18 years of age or older. Use of the Service by any user shall be deemed to be a representation that the user is 18 years of age or older. You represent and warrant that you are not currently restricted from the Service, or not otherwise prohibited from having a Killer Rezzy account and have full power and authority to agree to these Terms and doing so will not violate any other agreement to which you are a party.
The confidential information associated with Your Account is your sole responsibility. We are not responsible for any consequences stemming from you sharing, disseminating, or otherwise disclosing Your Account information with others. You agree to notify Killer Rezzy immediately if you believe your user identification, password or other identifying information has been lost, stolen or otherwise compromised. You will be held responsible for any activity that occurs under Your Account. You also acknowledge and agree that you are solely responsible for all damages or claims that may arise from any access to or use of this Service by any person to whom you have provided your user identification, password or other identifying information, or by any person who has obtained such information from you, including, but not limited to, any access to or use of this Service that may occur after you have notified us that your user identification, password or other identifying information has been lost, stolen or otherwise compromised.
Upon creating Your Account, you are deemed to have given Killer Rezzy a transferable, non-exclusive, sub-licensable, royalty-free, worldwide license to make telephone calls, to send emails, to send SMS messages, and to reserve Restaurant reservations using your personal, legal name in the jurisdiction in which you reside (the “License”). You agree that Restaurant reservations may be made using your personal, legal name and may be transferred to other Killer Rezzy registered users without your prior notification or permission.
Killer Rezzy operates under the assumption that the name that you provide when creating Your Account is your personal, legal name, and is in no way fabricated, fraudulent, or has otherwise been falsely or maliciously construed. You are solely responsible for the information that you provide when creating Your Account and, as such, are accountable for any misinformation that you provide.
This License expires upon termination of your account. Some of your data and metadata may continue to exist within our system for some time after deletion, however, insofar as Your Account has been terminated, this data will not be used.
Purchasing a reservation requires that you input your credit card, debit card, or PayPal information (“Payment Information”). We do not process your Payment Information, but rather we use third party service providers to process such information. By submitting your Payment Information, you are deemed to have consented to pay all costs that you may incur. Submitting your Payment Information also gives us permission to charge you when payment becomes due in a manner consistent with the terms of this Agreement and our website. The amount that you are charged may be inclusive of cost of service, applicable taxes, fees, and charges to Killer Rezzy or one of the service providers with whom we may be associated.
Verified Mobile Phone Number
Use of our services requires that you provide a valid mobile phone number that is verifiable, as instructed by us. In order to verify your mobile number, we will send you a code via text message to the mobile number that you provided. You must then enter such code into the Killer Rezzy mobile application, as instructed. Should your mobile number change, you must promptly verify your new mobile number in order that our records accurately reflect your user information and you do not experience a delay or disruption in your use of our service.
When you provide your mobile number, you are consenting to the receipt of direct dial calls, autodialed and prerecorded message calls, as well as text messages relating to payment services at that number. Additionally, you expressly consent to receive text messages that may (1) confirm reservations that you have purchased and/or (2) notify you of offers and potential reservations that may be relevant to you.
You may disable your Account at any time via the Killer Rezzy website. If you disable your Account, we will use
commercially reasonable efforts to stop displaying any public Account information throughout the Service.
Disabling your Account does not automatically remove your Content.
Because other Killer Rezzy users may have acted on Your Content, you may not be able to remove or edit your Content
once you’ve contributed it to Killer Rezzy. We have made reasonable efforts to enable you to delete your Content
and disable your Account, which disassociates your Content from your Account, but we cannot guarantee complete removal.
Killer Rezzy may, in its sole discretion, terminate or suspend your access to all or part of the Service, for any reason, including without limitation, your breach of these Terms. In the event these Terms are terminated, the restrictions regarding content appearing on the Service, and the representations and warranties, indemnities, and limitations of liabilities set forth in these Terms will survive termination. In the event that you are unsatisfied with the services provided by Killer Rezzy, your sole remedy is to terminate your use of the Service.
- Your Content will be publicly visible throughout the Service.
- Your Content, including your public account information such as your display name or profile picture, may be indexed by third party search engines, such as Google, which may not remove it immediately (or ever), even if it is removed from Killer Rezzy.
- You will contribute accurate photos and information. Content that is inaccurate, offensive, indecent, inaccurate, objectionable, or otherwise inappropriate may be flagged and removed without notice.
- All content posted on the Service must comply with all applicable laws (including, without limitation, U.S. copyright law). You represent and warrant that (i) you own or otherwise possess all rights to use Your Content; (ii) You have the permission to use the name and likeness of each identifiable individual person and to use such individual's identifying or personal information; (iii) you are authorized to grant all of the rights described in these Terms; and (iv) the use of your Content as contemplated by these Terms will not infringe or violate any intellectual property, privacy, publicity, contract or other rights of any person or entity. If you do not have the right to submit Content for such use, it may subject you to liability
- You will be held solely responsible and liable for Your Content and conduct on Killer Rezzy. Killer Rezzy will not be responsible or liable for any use of your Content by Killer Rezzy in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
- Your Content may be modified or adapted (for example, photos may be cropped) in order to meet design and technical requirements of the Service or for any other reason. You are responsible for retaining original copies of Your Content.
Site Usage Restrictions
Our services and Content (as hereinafter defined) are offered solely for your personal use and for the purposes described in this Agreement. Any and all other uses are prohibited. Killer Rezzy expressly reserves all of its rights and remedies under applicable state and federal laws. Additionally, and in its sole discretion, Killer Rezzy reserves the right, to refuse service, terminate Your Account, remove or edit content, cancel reservations, or deny access to our services. You agree not to (and not to allow any third party to): (1) use any robot, spider, scraper, or other automatic or manual device, process, or means to access the services or copy any of Killer Rezzy’s Content, except as expressly authorized, in writing, by us; (2) take any action that imposes or may impose, in our sole discretion, an unreasonable or a disproportionately large load on our website or mobile application services or infrastructure; (3) utilize any device, software, or routine that will interfere or attempt to interfere with the functionality of our services; (4) rent, lease, copy, provide access to or sublicense any portion of our services or Content to a third party; (5) use any portion of the Killer Rezzy services or Content to provide, or incorporate any portion of the Killer Rezzy services or Content into, any product or service provided by or to a third party; (6) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non-public APIs to the services, except to the extent expressly permitted by applicable law (and then only upon advance notice to Killer Rezzy); (7) modify any of Killer Rezzy’s services or Content or create any derivative product from any of the foregoing; (8) remove or obscure any proprietary or other notices contained in Killer Rezzy’s services or Content; (9) use Killer Rezzy’s services or Content for any illegal purpose; or (10) publicly disseminate information regarding the performance of the Killer Rezzy services or Content or access or use the services or Content for competitive analysis or benchmarking purposes.
Killer Rezzy contains graphics, text, photographs, images, video, audio, software, code, compilations, and website aesthetics, all of which may be protected by and subject to intellectual property laws, including trademark, trade name, copyright, and proprietary laws, of the United States and foreign countries (“Our Content”). As a user of our site and service, you have been granted the right to access Our Content in the manner described in this Agreement. You may not otherwise make any unauthorized commercial use of Our Content, except as expressly authorized, in writing, by us.
As a user of our site and service, you have been granted the right to access our content in the manner described in this Agreement. You may not otherwise make any unauthorized commercial use of Our Content, except as expressly authorized, in writing, by us.
Third Party Websites
Killer Rezzy may contain hypertext links to websites operated by parties other than Killer Rezzy. Such hypertext links are provided only for your reference, and Killer Rezzy does not control such websites, nor is Killer Rezzy responsible for their content. Killer Rezzy does not endorse any of the material of such hypertext links and does not claim any association with the providers and operators of such hypertext links. As such, Killer Rezzy assumes no liability whatsoever for any such third party websites or any content, features, products, or services made available through such third party websites.
Removal of Your Account and Your Content
We reserve the right to monitor and review your Account, your Content and your activity for compliance with these Terms, and may remove or disable your Account or Content for any reason, including, but not limited to, violation of Terms, alleged infringement or verbal, physical, written or other abuse of a Killer Rezzzy user, employee, member or officer. We will do our best to communicate with you via your Account email address prior to removal of your Account or your Content, but are not obligated to do so and cannot be responsible for failure to reach you via email. We cannot guarantee access to your Account or your Content. We have no obligation to retain or provide you with copies of your Content. We reserve the right to reclaim any username created by a Killer Rezzy user on behalf of businesses or individuals that hold legal claim or trademark on that username. We also reserve the right to reclaim any username created by a Killer Rezzy user that has been inactive for 6 months or more. Your Account may be permanently disabled due to prolonged inactivity.
Posting / Purchasing a Reservation on Killer Rezzy
As a user of our site and services, you agree only to post and book reservations at Restaurants and honor those reservations by arriving at the Restaurants on time and ordering and paying for meals. You further agree not to book more than one reservation for your personal use during any one meal time (e.g., lunch, dinner, etc.). Resale or attempted resale of reservations is prohibited and is grounds for, among other things, cancellation of your reservations or termination of your access to Killer Rezzy.
By posting a Reservation for Purchase as a "Seller" or seeking to purchase a Reservation as a "Buyer" you are offering other users the opportunity to enter into a contract with you. By responding to a Posted Reservation, you accept that offer and the agreement between the Buyer and Seller is formed. Killer Rezzy is not a party to the agreement between the Buyer and the Seller.
By buying, selling, or viewing a Reservation on Killer Rezzy, Users agree to the following terms, as applicable:
- Users agree to provide accurate, complete, and updated payment information. Sellers must provide a valid street address and zip code, and shall have the option to provide valid bank account info (account number and routing number) to facilitate how they get paid.
- The Buyer agrees to provide the payment to the Seller within a reasonable amount of time following receipt of the Seller’s service. In an exchange, the parties will use their Killer Rezzy Accounts to facilitate payment. Buyers consent to Killer Rezzy and its third party payment processor (the “Payment Processor”) authorizing or reserving a charge on their payment card or other payment method for any amount up to the full price of the Reservation at any time between the post of the Reservation and collection of the funds. Killer Rezzy and its Payment Processors will remove any fees before transmitting proceeds of a Reservation. By agreeing to these Terms, Users agree to accept and comply with the Payment Processor’s Merchant Services Agreement, available at: https://stripe.com/us/terms. Fees may vary depending on region and other factors.
- Buyers agree to have sufficient funds or credit available at the completion of the intended exchange between the Buyer and Seller to ensure that the payment will be collectible.
- The Seller’s estimated time until the service can be completed, as listed on each Reservation, is not guaranteed to be accurate. It is an estimate by the Seller of when the Seller hopes to fulfill the contract.
- Sellers and Buyers agree to make a good faith attempt to fulfill each Reservation. It is the Buyer’s responsibility to ensure that the Seller is able to deliver before completing the transaction. Either party can cancel a Reservation at any time and for any reason prior to payment being sent by the Buyer to the Seller. Upon cancellation, Sellers are not required to fulfill the Reservation.
- Payment by the Buyer and delivery of the service to the Seller completes the transaction between the Buyer and Seller. Killer Rezzy cannot offer refunds to Buyers, nor can Killer Rezzy guarantee payment by Buyers to Seller.
Killer Rezzy Moderation
Killer Rezzy does not oversee the performance or punctuality of Reservations. Users guarantee their ability to deliver on transactions initiated. Killer Rezzy does not control, is not responsible for and makes no representations or warranties with respect to any User or User’s conduct. You are solely responsible for your interaction with or reliance on any User and their conduct. You must perform any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any User or User conduct.
Killer Rezzy is under no obligation to become involved in disputes between any Users, or between Users and any third party arising in connection with the use of the Service. This includes, but is not limited to, delivery of goods and services, and any other terms, conditions, warranties, or representations associated with Reservations on the Service.
Killer Rezzy reserves the right to reject, cancel, interrupt, remove, or suspend a Reservation at any time and for any reason. Killer Rezzy is not liable for any damages as a result of any of those actions. Killer Rezzy’s policy is not to comment on the reasons for any of those actions. Killer Rezzy has the right, but not the obligation, to regulate User Content posted to, stored on or transmitted via Killer Rezzy by any User (or any other third party in any manner); to regulate conduct (including but not limited to any authorized or unauthorized access to or use of Killer Rezzy) by any User (or any other third party in any manner); and to enforce the Terms, for any reason and in any manner or by any means that we, in our sole discretion, deem necessary or appropriate (including but not limited to automated and manual screening and the deletion and/or termination of content, accounts and/or all or any use or access). We may, in our sole discretion and without notice, start, stop or modify any regulation or enforcement measures at any time. Killer Rezzy action or inaction to regulate content or conduct or to enforce against any potential violation of the Terms by any User (or any other third party) does not waive our right to implement or not implement regulation or enforcement measures with respect to any subsequent or similar content, conduct or potential violation of these Terms.
You also understand and agree that any action or inaction by Killer Rezzy or any of its directors, officers, stockholders, employees, consultants, agents or representatives (collectively, "Killer Rezzy Representatives") to prevent, restrict, redress or regulate content, or to implement other enforcement measures against any content, conduct or potential violation of these Terms is undertaken voluntarily and in good faith, and you expressly agree that neither Killer Rezzy nor any Killer Rezzy Representative shall be liable to you or anyone else for any action or inaction to prevent, restrict, redress, or regulate content, or to implement other enforcement measures against any content, conduct or potential violation of these Terms.
In the event that you wish to change the number of guests for your reservation, you agree to abide by the entirety of the particular Restaurant’s policy as it pertains to making such changes. We cannot make such changes for you, nor can we guarantee that the Restaurant will accommodate your request.
Additionally, you agree that, in the event the particular Restaurant cannot accommodate a necessary change, you will not be eligible to receive a refund or exchange for your purchase from Killer Rezzy.
Guidelines, Rights and Remedies
You agree that you will not use or attempt to use this Service for any purpose other than for viewing, buying, or selling Reservations, or for otherwise conducting legitimate business on the Service; you may not (and may not allow any third party to) use or attempt to use this Service or upload, download, post, submit or otherwise distribute or facilitate distribution of content on or through the Service for any purpose:
- that infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity, or violates any law or contract,
- that is any way unlawful or prohibited, or that is harmful, threatening, abusive, harassing, deceptive, fraudulent, offensive, obscene, profane, or otherwise destructive to anyone or their privacy or property,
- that transmits any unauthorized or unsolicited advertisements, solicitations, schemes, spam, flooding, or other unsolicited spam or bulk e-mail (including without limited postings to third party social media services which are linked to the Service) or unsolicited commercial communications,
- that transmits any harmful or disabling computer codes, files, programs or viruses,
- that harvests e-mail addresses or personally identifiable information from Killer Rezzy,
- that interferes with our network services or the proper working of the Service or activities conducted on the Service,
- that uses manual or automated software or other processes to “crawl”, “spider”, index or in any non-transitory manner store or cache information obtained from any page of the Service,
- that attempts to gain unauthorized access to our Service including bypassing measured we may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service),
- that suggests an express or implied affiliation with Killer Rezzy (without the express written permission of Killer Rezzy) or that impersonates any person or entity including an employee or representative of Killer Rezzy,
- that impairs or limits our ability to operate this Service or any other person’s ability to access and use this Service.
Killer Rezzy reserves the right at all times and for any reason or for no reason at all, in its sole discretion and without notice to you, to deny your access to and use of this Service.
Refunds and Exchanges
Killer Rezzy cannot offer you a refund or exchange should you (1) cancel your reservation or (2) make a modification that the particular Restaurant cannot accommodate. Killer Rezzy is not responsible for any penalties, fees, cancellations, improper modifications due to human or technological error, or the Restaurant’s inability to accommodate a change in the name under which the reservation is held or party size, or any consequences thereof. In the event that we incur a penalty or fee from a participating Restaurant due to your failure, or the failure of an assignee, to honor the reservation, you grant Killer Rezzy permission to reimburse such penalty or fee by charging it against Your Account according to your method of payment.
You agree that Killer Rezzy’s primary function is to offer you the ability to purchase exclusive reservations with the name and party size accommodation reflected in Killer Rezzy’s inventory at the time which you access our website. We cannot make modifications to a reservation once purchased by the user, though the user may, at his or her own risk, seek to make modifications directly with the Restaurant. We make no guaranty, warranty or representation that a particular reservation, which you may require, will be available at any particular Restaurant for any particular date, time, and party size.
Intellectual Property Rights
This Service or any portion of this Service may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Killer Rezzy. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Killer Rezzy without express written consent. You may not use any meta tags or any other "hidden text" utilizing Killer Rezzy's name or trademarks without the express written consent of Killer Rezzy. You may not (directly or indirectly) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive source code or underlying ideas or algorithms of any part of the Service, or modify, translate or otherwise create derivative works of any part of the Service. Any modification of content, or any portion thereof, or use of the content for any other purpose constitutes an infringement of trademark or other proprietary rights of Killer Rezzy or third parties, and any unauthorized use terminates the permission to use the Service granted by Killer Rezzy.
All content included on this Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Killer Rezzy or its content/software suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Killer Rezzy and protected by U.S. and international copyright laws. All software used on this site is the property of Killer Rezzy or its software suppliers and protected by United States and international copyright laws. The marks appearing on this Service, including but not limited to Killer Rezzy and any respective logos, emblems, slogans and designs, are trademarks of Killer Rezzy. All other marks used on this Service are the property of their respective owners.
Notice and Take Down Procedures
If you believe any post or information on the Service infringes your copyright or trademark rights, you may request such content be removed by following the notice and take down procedures of the Digital Millennium Copyright Act. To follow those procedures, contact Killer Rezzy’s copyright agent (identified below) and provide the following information:
- A clear statement identifying the works, or other materials believed to be infringed.
- A statement from the copyright holder or authorized representative that the content is believed to be infringing.
- Sufficient information about the location of the allegedly infringing content so that Killer Rezzy can find and verify its existence.
- Your name, telephone number and e-mail address.
- A statement from you under penalty of perjury that the information supplied is accurate, and that you are authorized to act on the copyright owner's behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
Killer Rezzy’s agent for notice of copyright issues on the Service can be reached as follows:
Attn: Copyright Agent
1112 Montana Ave, Suite 131
Santa Monica, CA 90403
If you are not sure whether material available online infringed your copyright, we suggest that you first contact an attorney.
Restaurants and Merchants are solely responsible for their interactions with you and any and all claims, injuries, illnesses, damages, liabilities, and costs (“Claims”) suffered by you (or, if applicable, any recipient of a Killer Rezzy Gift Card or a Merchant Gift Card) as a result of your (or such recipient’s) interaction with or visit to any Restaurant or Merchant or from any product or service of any Restaurant or Merchant. You hereby release the Killer Rezzy Parties from any and all such Claims. IN CONNECTION WITH THE FOREGOING, IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” You hereby expressly waive and relinquish all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to the release of any unknown or unsuspected claims you may have against the Killer Rezzy Parties pertaining to the subject matter of this section.
Food Allergies and Dietary Restrictions
Killer Rezzy is not responsible for a failure to indicate a food allergy upon dining. When we receive a reservation we operate under the assumption that no special food allergy or dietary restriction accommodations are required. Due to the nature of our operation, it is impossible for us to determine whether such special provisions need to be made. As such, it is your responsibility to inform the hostess and/or waiter at the particular Restaurant of any food allergies or dietary restrictions that may affect a member or members of your party. We cannot guarantee that such requests will be accommodated.
You agree to indemnify and hold Killer Rezzy, its parent, subsidiaries, affiliates, directors, officers, agents, and other partners and employees, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, including but not limited to reasonable attorneys’ fees, made by any third party due to or arising out of your Content, Account, use of the Service, or violation of the Terms. This defense and indemnification obligation will survive these Terms and your use of the Service.
Disclaimer & Limitation of Liability
THE SERVICE IS PROVIDED BY KILLER REZZY ON AN "AS IS" AND "AS AVAILABLE" BASIS. KILLER REZZY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AS TO (1) THE OPERATION OF THE SERVICE, (2) THE QUALITY,
ACCURACY, COMPLETENESS OR VALIDITY OF A RESERVATION OR ANY USER OR OTHER CONTENT ON THE SERVICE, OR THE INFORMATION, USER OR OTHER CONTENT, OR
PRODUCTS INCLUDED ON THE SERVICE, OR (3) WHETHER THE FUNCTIONS CONTAINED ON THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL
BE CORRECTED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
THIS SERVICE MAY ALSO CONTAIN FACTS, VIEWS, OPINIONS, STATEMENTS, AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. KILLER REZZY DOES NOT REPRESENT OR ENDORSE THE ACCURACY, TIMELINESS, OR RELIABILITY OF ANY OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE SERVICE, OR ANY USER CONTENT OR CONDUCT. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, STATEMENT, INFORMATION, OR USER CONTENT OR CONDUCT WILL BE AT YOUR SOLE RISK.
YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL KILLER REZZY BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICE OR THE INFORMATION CONTAINED ON THE SERVICE, EVEN IF PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF KILLER REZZY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED ONE DOLLAR (US $1.00).
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 USC 2701-2711): KILLER REZZY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SERVICE OR ANY WEBSITE LINKED TO THE SERVICE.
Arbitration Agreement and Jury Trial Waiver, Class Action Waiver, and Forum Selection Clause
Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the ability to arbitrate the controversy dispute, demand, count, claim, or cause of action) between you and the Killer Rezzy Parties or their successors or assigns shall be settled exclusively through binding and confidential arbitration.
Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”). As modified by this Agreement, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively, the “Rules and Procedures”).
You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that you file in small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
Both you and Killer Rezzy expressly agree to abide by the following rules:(1) ANY CLAIMS BROUGHT BY YOU OR KILLER REZZY MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (3) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Killer Rezzy will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (4) Killer Rezzy also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (5) the arbitrator shall honor claims of privilege and privacy recognized at law; (6) the arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (7) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (8) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and, in such instance, the fees and costs awarded shall be determined by the applicable law.
Notwithstanding the foregoing, either you or Killer Rezzy may bring an individual action in small claims court. Further, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in New York County, New York. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in New York County, New York in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within New York County, New York for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.
With the exception of subparts (1) and (2) in this Section (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting part was not contained herein. If, however, either subpart (1) or (2) is found to be invalid, unenforceable, or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor Killer Rezzy shall be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court located in New York County, New York.
For more information on AAA, the Rules and Procedures, or the process for filing an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.
If any provision of these Terms is deemed void, unlawful, or otherwise unenforceable for any reason, that provision will be severed from these Terms and the remaining provisions of these Terms will remain in force. These Terms constitute the entire agreement between you and Killer Rezzy concerning your use of the Service.