Last Updated: May 4, 2026
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Welcome to The Finer Table!
Please read these Terms of Service (these “Terms”) carefully, as they constitute a legally binding agreement between The Finer Table, Inc., a Delaware corporation (“we,” “us,” or “our”) and you (“you” and “your”), covering your access to and use of our website, mobile applications, dining access and reservation platform, and all related services (collectively, the “Service”).
By accessing or using the Service, you represent that (1) you have read, understand, and agree to be bound by these Terms, (2) you are of legal age to form a binding contract with us, and (3) you have the authority to enter into these Terms. You’ll be legally and financially responsible for all actions taken using or accessing the Service, including actions by anyone you allow to access your Account.
THESE TERMS CONTAIN A BINDING, INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION. IF YOU ACCEPT THESE TERMS, YOU AND WE AGREE TO RESOLVE DISPUTES THROUGH BINDING, INDIVIDUAL ARBITRATION AND GIVE UP THE RIGHT TO GO TO COURT INDIVIDUALLY OR AS PART OF A CLASS ACTION, EXCEPT AS EXPRESSLY PROVIDED BELOW.
You accept these Terms by accessing or using the Service, applying for membership or creating an account with us on our website (“Account”). BEFORE DOING ANY OF THOSE THINGS, PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE, YOU MUST NOT ACCESS OR USE THE SERVICE.
You also agree to abide by any additional rules, policies, and disclosures we provide through the Service, including our Privacy Policy, our Membership Conduct Policy, and any Restaurant-specific terms presented before you confirm a Reservation, all of which are incorporated here by reference. If there’s a conflict between these Terms and Restaurant-specific terms shown at checkout, the Restaurant-specific terms control for that Reservation.
Once you accept these Terms, you’re bound by them until they no longer apply as described in Section 11 (Term and Termination).
We may update these Terms from time to time and will update the “Last Updated” date when we do. If we make material changes, we’ll notify you through the Service, by email, by text message, or through another method reasonably likely to reach you, and may require you to accept the updated Terms before continuing to use the Service.
IF YOU DON’T AGREE TO ANY CHANGES AFTER RECEIVING NOTICE OF THEM, YOU MUST STOP USING THE SERVICE. OTHERWISE, YOUR CONTINUED USE CONSTITUTES ACCEPTANCE OF THE UPDATED TERMS.
Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use the Service solely for your personal, non-commercial dining-related use. We and our licensors reserve all rights not expressly granted. See Section 9 for more on Intellectual Property Rights.
If we make a mobile application available through the Apple App Store, Google Play, or another app store or distribution platform, your download and use of that application may also be subject to the terms, rules, and policies of the applicable app store. To the extent any third party’s terms conflict with these Terms, these Terms control as between you and us, except to the extent the applicable app store terms are required to control by law or by the app store provider’s rules.
We operate a dining access and reservation platform that helps members access participating restaurants (each, a “Restaurant”) during selected reservation times to enjoy an enhanced value dining experience. The Service may offer membership advantages that provide greater spend value for your meals, greater Reservation availability, Dining Bonus (as defined), support tools, and related functionality.
We may add, remove, suspend, limit, or modify features, Restaurant availability, Reservation types, Dining Bonus availability, Virtual Dining Card functionality, support channels, response times, and other parts of the Service at any time, subject to applicable law, with or without advance notice. During the Controlled Market Launch, Restaurant availability, Reservation inventory, support channels, response times, Dining Bonus availability, and Virtual Dining Card functionality may be limited, modified, or unavailable from time to time.
The Service may connect you with restaurants, payment processors, identity verification providers, card program providers, and other third-party services (our “Providers”). Your use of any third-party service may be subject to separate terms between you and that party. Nothing in those terms changes these Terms or limits our rights under them. Please see our FAQ for a list of our Providers.
To protect the Service, Restaurants, members, diners, and our Providers, you agree that you will not, and will not permit any third party to:
We may investigate suspected violations and may, in our discretion, suspend or terminate Accounts, pause membership, cancel Reservations, restrict Virtual Dining Card access, remove Member Content (as defined), refuse Nominations (as defined), withhold or expire Dining Bonuses (as defined), cooperate with law enforcement, or take other action we determine is appropriate. Any refunds will be handled in accordance with these Terms and applicable law.
To access certain parts of the Service, apply for membership, or make a Reservation, you’ll need to create an Account and provide information we request, such as your name, mobile number, email address, payment information, identity verification details, and dining preferences. All information you provide must be accurate, current, and complete, and you agree to keep it updated.
You must be at least 18 years old to use the Service, apply for membership, or make a Reservation. You’re also responsible for complying with all laws applicable to your attendance at a Restaurant, including those relating to alcohol consumption and identification.
Your Account is personal to you, so please don’t share it. You may not sell, transfer, assign, or allow others to use your Account, membership access, Reservation, Virtual Dining Card details, one-time passcode, or authentication credentials. You’re responsible for maintaining the confidentiality of your credentials and for all activity under your Account. If you know or suspect that your Account has been compromised, please notify us promptly at support@thefinertable.com.
We may require identity verification, payment-method verification, one-time passcode authentication, fraud screening, or other security checks before accepting you as a member, confirming a Reservation, or making a Virtual Dining Card available. If you do not complete required verification, or if we cannot verify your information, we may decline membership, cancel a Reservation, withhold Virtual Dining Card access, or restrict your Account.
You agree to pay all amounts shown to you through the Service before you confirm a Reservation or other transaction. By submitting payment information, you authorize us and our payment processors to charge your payment method for the applicable Prepayment, fees, taxes, and other amounts shown to you. We use third-party payment processors to process payments, verify payment methods, and help prevent fraud subject to such third-party terms. If you initiate a payment dispute for a valid charge, we may suspend your Account, cancel pending Reservations, and restrict access to the Service to the extent permitted by applicable law.
Access to certain features of the Service requires your acceptance as a member. We may establish membership criteria, invitation criteria, identity verification steps, and behavioral standards. We may accept, decline, pause, limit, or terminate membership in our discretion, subject to applicable law. Membership does not entitle you to any specific Restaurant, time slot, Dining Bonus, Dining Value, Priority Access, or Reservation unless expressly confirmed through the Service.
During our Controlled Market Launch, we may designate a limited cohort of members as “Founding Members”. The Founding Member cohort is capped at 500 members. Founding Member status may unlock Priority Access, Nominations, and the Founding First Meal benefit, and is contingent on your membership remaining in good standing when a benefit is applied. Founding Member status is not transferable and may be paused, limited, or terminated in accordance with these Terms.
A Founding Member’s first Reservation may qualify for a one-time “Founding First Meal”. A Founding Member’s first confirmed Reservation is designated the “Founding First Meal”. For the Founding First Meal, we fund a $35 Dining Bonus, applied solely by increasing the Dining Value on the Virtual Dining Card for that specific Reservation. The Founding First Meal Dining Bonus is TFT-funded, has no standalone cash value, is not a credit or balance held by the member, and applies only to that Reservation, only if the member remains in good standing when the Reservation is confirmed.
We may allow Founding Members and other members to nominate diners for potential membership (each, a “Nomination”). A Nomination is a private invitation mechanism and does not guarantee acceptance, membership, Reservation access, or any other benefit for the nominating member or the nominee. Unless we state otherwise, each Founding Member receives three Nominations upon acceptance. Nominations are personal and non-transferable. Your use of Nominations is subject to our Membership Conduct Policy, including the standards governing permitted distribution, endorsement disclosures, and truthfulness obligations set out there.
Priority Access may allow members in good standing to view, request, or confirm selected reservation times before other diners. It’s not a guarantee of any particular Restaurant, table, time, Dining Bonus, or Reservation.
From time to time, we may make available promotions, Dining Bonuses, Founding First Meal benefits, Dining Bonuses, Nominations, Priority Access, invitation programs, or other member benefits. Each benefit is subject to the terms, eligibility requirements, limits, expiration rules, and disclosures we provide through the Service or at checkout. We may modify, suspend, or discontinue any benefit before it is applied to a confirmed Reservation. Unless expressly stated otherwise, benefits are personal, conditional, non-transferable, have no cash value, are not redeemable for cash, and are not available outside the specific Reservation or membership context for which they are provided.
Our community works because members show up for it appropriately. To remain in good standing, you must comply with our Membership Conduct Policy, available at https://thefinertable.com/conduct, which sets out our behavioral standards in full. Those standards include tipping fairly, dining out regularly, honoring your Reservations, interacting respectfully with Restaurant personnel and other diners, complying with Restaurant rules, and not misusing the Service.
We may update the Membership Conduct Policy from time to time, and your continued use of the Service constitutes acceptance of any updated standards. We may evaluate membership standing using a variety of factors, including Reservation history, cancellation patterns, and Restaurant feedback, and may pause, limit, or terminate membership if we determine that you’re not in good standing. If you think we got it wrong, reach out through the support channel in the Service and we’ll take a look. Our determinations regarding membership standing are final to the fullest extent permitted by applicable law.
Members in good standing may request a reservation at a participating Restaurant (each, a “Reservation”) from which we have prepurchased inventory. Availability may be limited, may change at any time, and may be subject to Restaurant-specific terms, capacity, party size, minimum age requirements, and other conditions disclosed through the Service. A Reservation is not confirmed unless and until we confirm it to you.
To be eligible and enjoy the benefits of the membership, you will pay an amount in advance (the “Prepayment”). Your Prepayment secures the specific Reservation and is not a general payment account, transferable credit, or right to apply funds to any other Restaurant, time, or purpose.
If you’d like to understand how we process and hold your Prepayment, which payment processor handles your transactions, which card program provider administers the Virtual Dining Card, or which issuing bank sits behind it, please visit our FAQ at https://thefinertable.com/faq. We keep that page current as our provider relationships evolve, so it will always reflect the most up-to-date picture of our financial infrastructure. We are not a bank and Prepayment funds are not insured deposits. Nothing in this Section creates any trust, escrow, or fiduciary obligation with respect to Prepayment funds beyond what is expressly required by applicable law or our agreement with Extend.
For some Reservations, we may apply a “Dining Bonus”, meaning a demand-calibrated amount we determine for that specific Reservation, which is made available for a particular Reservation based on timing, off-peak availability, demand, Restaurant participation, member standing, operational factors, or our prediction model. When a member in good standing confirms a Reservation eligible for a Dining Bonus, the Virtual Dining Card for that Reservation may carry a Dining Value greater than the member’s Prepayment. We may change the amount, availability, or conditions of a Dining Bonus or Dining Bonus at any time before a Reservation is confirmed. “Dining Value” is the total amount available on the Virtual Dining Card for a specific Reservation: your Prepayment plus any Dining Bonus we apply. For example, we might display: “Prepay $35. Your Dining Value: $70.”
The amount shown at checkout controls for that Reservation. A Dining Bonus has no cash value, is not transferable, refundable, or separable from the applicable Reservation, and does not accumulate. If a Reservation is canceled, forfeited, or not honored for any reason, the associated Dining Bonus expires. Any unused Dining Value at the end of a Reservation also expires and will not be refunded, carried forward, or converted into any other benefit.
We make available a restricted virtual commercial card credential (a “Virtual Dining Card”) that you will present at the applicable Restaurant to settle your Reservation. The Virtual Dining Card is our corporate payment instrument, owned, controlled, and funded by us or our payment partners, not by you, and no payment account, stored value, or card ownership passes to you. We operate under an Authorized Courier Model: we make the Virtual Dining Card details available to you solely to present at the applicable Restaurant, during the applicable reservation window, for the applicable Reservation. You are not authorized to use the Virtual Dining Card at any other merchant, at any other time, for any other person, or after the Reservation has ended or been canceled. The Virtual Dining Card may be restricted by Restaurant, merchant category, and reservation window, and may include an authorization limit equal to the Dining Value. If you believe Virtual Dining Card details have been disclosed, copied, accessed, or used without authorization, you must notify us immediately. We may cancel, deactivate, replace, or restrict any Virtual Dining Card in our discretion.
The Service does not provide you with a bank account, deposit account, payment account, wallet, card account, loan, line of credit, stored value, gift card, money transmission service, or general-purpose prepaid access product. A Dining Bonus or Founding First Meal Dining Bonus, is not a credit, balance, or stored value held by or for the member; it is a conditional, Reservation-specific amount that exists solely as a higher Dining Value on the Virtual Dining Card for the applicable Reservation. Any Dining Bonus, Dining Value, or Virtual Dining Card access is limited to the specific Reservation for which it is made available and is subject to these Terms and the applicable checkout disclosures.
Please follow the instructions we provide through the Service for presenting the Virtual Dining Card at the Restaurant. You may be required to authenticate through the Service, verify your identity, arrive during the reservation window, and check in with the host before presenting the card at the end of the meal. You are responsible for reviewing the Restaurant bill before presenting the Virtual Dining Card and for ensuring that the Restaurant applies the Virtual Dining Card only to the applicable Reservation. If your charges exceed the Dining Value, you must arrange with the Restaurant to split payment or otherwise pay the excess amount directly to the Restaurant or through another method we make available. We do not guarantee that a Restaurant’s point-of-sale system will support split payment, manual card entry, delayed authorization, or any other payment flow. Unless expressly included in the Dining Value or stated at checkout, taxes, gratuities, service charges, surcharges, alcohol, menu upgrades, additional items, and other Restaurant charges are your separate responsibility. Any gratuity, service charge, surcharge, administrative fee, health-and-wellness fee, kitchen appreciation fee, or similar Restaurant charge is determined by the Restaurant, not us, unless expressly stated otherwise at checkout. We are not responsible for how a Restaurant describes, imposes, distributes, taxes, or applies those amounts.
Reservations, membership access, Founding Member status, Nominations, Dining Bonuses, Dining Value, and Virtual Dining Card details are personal to you and may not be sold, transferred, assigned, bartered, shared, posted, brokered, or used for advertising, sweepstakes, commercial activity, or any other unauthorized purpose. We may cancel any Reservation and pause or terminate any Account involved in suspected resale, transfer, fraud, or misuse, without refund except as required by applicable law.
Please check for any specific terms that may apply to your Reservation from the applicable restaurant and if they conflict with this Section 7, these Reservation-specific terms shall control for that Reservation.
Unless we state a different policy for a specific Reservation, you may cancel a confirmed Reservation through the Service up to 24 hours before the scheduled time and receive a refund in accordance with Section 7(g). Any associated Dining Bonus expires and is forfeited and is not carried forward. If you cancel less than 24 hours before the scheduled time or fail to cancel through the Service, we may treat the Reservation as a late cancellation and may retain all or part of your Prepayment.
Unless we state otherwise, if you don’t arrive and check in within 15 minutes after the scheduled Reservation time, we may treat you as a “No Show”. For a No Show, the Reservation is forfeited, we may retain your Prepayment, any Dining Bonus expires, and no refund is due except as required by applicable law. Repeated late cancellations and No Shows may affect your membership standing and access to future Reservations, Dining Bonuses, Priority Access, and Nominations. If you think a No Show was recorded in error, please reach out through the support channel in the Service.
If a Restaurant cancels, closes, or fails to honor a confirmed Reservation despite your timely arrival and compliance with these Terms, please contact us through the support channel with a description of what happened and any available documentation. If we determine the Restaurant failed to honor the Reservation through no fault of yours, we will refund your Prepayment for that Reservation in accordance with Section 7(g), unless you affirmatively accept a replacement Reservation or other alternative remedy we offer. Any associated Dining Bonus will expire unless we expressly make it available for the replacement Reservation.
If the Virtual Dining Card doesn’t process at the Restaurant, please contact support as soon as reasonably practicable and follow any instructions available through the Service. If the issue is caused by us or our card program providers and you reasonably pay the Restaurant directly, we may require an itemized receipt before providing any reimbursement. Any reimbursement will not exceed the Dining Value that was valid for the applicable Reservation.
To help us investigate Reservation, Restaurant, or Virtual Dining Card issues, you agree to provide reasonably requested information, which may include receipts, screenshots, Restaurant bills, timestamps, communications with the Restaurant, and a description of what occurred. Failure to provide requested information may limit our ability to provide a refund, reimbursement, or other remedy.
Approved refunds are made to the original payment method. Timing depends on your payment processor, card network, and financial institution. Payment processing charges, service charges, taxes, and Restaurant charges are generally non-refundable.
We are a reservation and payment intermediary. We facilitate access to Restaurants and process Prepayments on your behalf, but we are not a party to the dining experience itself. Each Restaurant we partner with is an independent third party, solely responsible for their food, beverages, menus, ingredients, allergen disclosures, pricing, service, staffing, premises, seating, accessibility, sanitation, safety, licensing, permits, alcohol service, gratuity practices, and compliance with applicable law. We don’t control Restaurant operations and can’t guarantee quality, safety, seating, wait times, menu availability, allergen handling, dietary accommodation, pricing, or a Restaurant’s ability to process a Virtual Dining Card or split payment. Restaurant descriptions, menus, and other information may be provided by Restaurants and may be incomplete, inaccurate, or out of date.
You acknowledge that visiting Restaurants and dining out involves inherent risks, including travel, premises conditions, food and beverage service, allergens, alcohol, illness, personal injury, property loss, weather, and the acts or omissions of Restaurant personnel and other diners. You voluntarily assume those risks to the fullest extent permitted by applicable law.
We may provide support tools or fields through the Service for communicating allergies, dietary restrictions, and accessibility needs to a Restaurant, but we can’t guarantee that a Restaurant will receive, review, or accommodate any special request. You are responsible for confirming your requirements directly with the Restaurant. Guidance on how to approach special requirements and accessibility needs when dining through the Service is available in our Membership Conduct Policy.
Restaurants, not us, are solely responsible for any sale, service, furnishing, or refusal of alcoholic beverages. You must comply with all age, identification, sobriety, and other legal requirements. A Restaurant may refuse to serve alcohol or may require separate payment for alcohol in its discretion or as required by law. Nothing in the Service authorizes you to purchase, consume, or receive alcohol if you are not legally permitted to do so.
To the fullest extent permitted by applicable law, you release us, our affiliates, and their respective officers, directors, employees, contractors, agents, licensors, and payment partners from any claims, damages, losses, liabilities, costs, and expenses arising out of or relating to any Restaurant, Restaurant premises, Restaurant personnel, dining experience, food or beverage, allergen exposure, personal injury, property loss, Restaurant charge, or other act or omission of a Restaurant or third party, except to the extent directly caused by our own gross negligence, willful misconduct, or violation of applicable law. If you are a California resident, you waive California Civil Code Section 1542 with respect to this release.
“Member Content” is anything you submit, upload, or otherwise provide through the Service, including information, comments, photos, preferences, reviews, support materials, Nomination-related statements, or other materials. You and your licensors own all rights in your Member Content, and we don’t claim ownership of it beyond the license you grant us below.
By submitting Member Content, you represent that you have the right to do so and grant us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to host, store, reproduce, use, display, modify, adapt, publish, and distribute it for purposes of operating, improving, protecting, and providing the Service, communicating with you, supporting Restaurants, and investigating misuse, each subject to our Privacy Policy and applicable law. We reserve the right to remove, disable, or decline to display any Member Content that we determine, in our discretion, violates these Terms, applicable law, or our content standards. You may not submit Member Content that: (a) discloses another person’s personal information without their consent, including home address, phone number, or identifying details shared with intent to harm or expose (doxxing); (b) harasses, threatens, intimidates, or targets any individual or group; (c) is defamatory, obscene, or unlawful; (d) infringes any third-party intellectual property or privacy rights; or (e) promotes or facilitates illegal activity or violence.
If you share suggestions, ideas, feature requests, or other feedback about the Service (“Feedback”), you grant us a perpetual, irrevocable, worldwide, royalty-free, fully paid, sublicensable, and assignable license to use that Feedback for any purpose without restriction or compensation to you.
The Service, including our software, technology, interfaces, design, text, graphics, logos, trademarks, trade dress, Reservation presentation, Dining Bonus logic, demand prediction methods, content, and data compilations, is owned by us or our licensors and is protected by copyright, trademark, trade secret, patent, and other laws. Except for the limited rights expressly granted in these Terms, we and our licensors retain all rights, title, and interest in and to the Service.
We respect intellectual property rights. If you believe content available through the Service infringes your copyright, please send a note to support@thefinertable.com. We may remove or disable access to allegedly infringing materials and may terminate Accounts of repeat infringers in appropriate circumstances.
By using the Service, you agree to receive communications from us and our service providers, including via email, SMS/text, push notification, in-Service message, or other electronic means, in connection with your Account, membership, Reservations, Prepayments, Dining Value, Virtual Dining Cards, identity verification, support, security, and changes to the Service. Message frequency varies based on your activity, and message and data rates may apply. You may opt out of certain text messages by replying STOP, though doing so may limit your ability to use parts of the Service or receive time-sensitive Reservation information.
We’ll send marketing communications only if you’ve opted in, and you can opt out at any time by following the unsubscribe instructions in any such communication. Consent to receive marketing communications is not a condition of using the Service. You agree that electronic communications from us satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.
These Terms commence on the earlier of the date you first used the Service or the date you accepted these Terms, and remain in effect while you use the Service unless terminated earlier under this Section.
We may suspend, limit, or terminate your Account, membership, or access to the Service at any time if we believe you’ve violated these Terms, are not in good standing, have misused a Virtual Dining Card, initiated improper payment activity, provided inaccurate information, or engaged in conduct harmful to us, Restaurants, members, diners, or the Service. We won’t be liable to you or any third party for such termination, though where applicable we’ll refund any prepaid amount on a pro-rata basis for any confirmed Reservation period that cannot be fulfilled.
You may stop using the Service at any time. If the Service provides an Account closure tool, you may use it or email us at support@thefinertable.com to request Account closure. Closure doesn’t affect obligations incurred before it takes effect.
When your access ends, pending Reservations may be canceled, Dining Bonuses may expire, Nominations may be disabled, and Virtual Dining Card access may be revoked, subject to applicable law and any Reservation-specific terms. Sections 6, 8, 9, 11(d), 12 through 20, and any provisions that by their nature should survive termination will survive.
These Terms and any dispute arising out of or relating to them or the Service will be governed by the laws of the State of Massachusetts, without regard to its conflict of law rules, except to the extent federal law applies or applicable consumer law requires otherwise.
We’d always rather work something out than end up in arbitration. Before either party commences arbitration (or brings a claim in small claims court), you and we agree to meet or confer telephonically or via videoconference in good faith to try to resolve the dispute informally (the “Informal Dispute Resolution Conference”). The party initiating a dispute must give the other party written notice of its intent, and the conference will occur within 45 days of receipt of that notice unless the parties agree to extend. Send your notice to legal@thefinertable.com. This informal process is a condition precedent to commencing arbitration.
If the informal process does not resolve things within 60 days, either party may commence binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, in Massachusetts, before a single arbitrator. The Federal Arbitration Act, 9 U.S.C. § 1 et seq., governs the interpretation and enforcement of this arbitration agreement. Notwithstanding the foregoing, either party may bring a qualifying claim in small claims court in lieu of arbitration, provided that the claim remains in small claims court and is not removed or appealed to a court of general jurisdiction. Either party may also seek emergency equitable relief in court solely to prevent irreparable harm pending arbitration, including in respect of infringement or misuse of intellectual property rights. Except as provided in this Section, the arbitrator will have exclusive authority to resolve all disputes arising under this arbitration agreement, including disputes about its scope, enforceability, and applicability.
If you initiate arbitration against us, you will be responsible only for the lesser of: (a) the filing fee you would have paid to file the claim in a court of competent jurisdiction; or (b) the consumer filing fee required by the AAA’s Consumer Arbitration Rules. We will pay any remaining AAA administrative fees and arbitrator compensation required by those rules. If we initiate arbitration against you, we will pay all AAA administrative fees and arbitrator compensation. The arbitrator may award fees or costs against either party to the extent permitted by applicable law if the arbitrator determines that a claim, defense, or demand was frivolous or brought in bad faith. Each party will bear its own attorneys’ fees and costs unless applicable law, these Terms, or the arbitrator’s award provides otherwise.
If 25 or more claimants submit Notices of Dispute raising claims that are substantially similar in nature and seek substantially similar relief (a “Mass Filing”), the following process will apply in lieu of the standard arbitration procedures above. First, the parties will work cooperatively with the AAA to select 10 cases from the Mass Filing to proceed as bellwether arbitrations: 5 selected by claimants’ counsel and 5 selected by us (the “Bellwether Cases”). The remaining cases in the Mass Filing will be stayed, and no AAA administrative fees or arbitrator compensation will be assessed on stayed cases while they remain stayed. Each Bellwether Case will proceed to a final award under the standard arbitration procedures in this Section. Within 30 days after the final award in the last Bellwether Case, the parties will participate in a global mediation session administered by the AAA before a single mediator, with the goal of resolving all remaining stayed claims in the Mass Filing. We will pay the mediator’s fees for that session. If the global mediation does not result in resolution of all remaining claims within 60 days of the mediation session, the stayed cases will proceed in successive batches of 50 claims at a time, with each batch selected by agreement of the parties or, absent agreement, by the AAA. Each batch will be treated as a separate arbitration for administrative purposes, and AAA fees will be assessed on a per-batch basis as each batch is initiated. Notwithstanding anything to the contrary, if a court of competent jurisdiction determines that this Mass Arbitration and Bellwether Process is unenforceable with respect to any claim or claimant, that claim or claimant may proceed in court on an individual basis only, and not on a class, collective, or representative basis.
YOU AND WE WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. All disputes will be resolved by arbitration, except as expressly set out above.
YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS. ALL RIGHTS TO HAVE ANY DISPUTE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS ARE HEREBY WAIVED, TO THE FULLEST EXTENT PERMITTED BY LAW.
You may opt out of this arbitration agreement by sending written notice to legal@thefinertable.com within 30 days after you first accept these Terms. Your notice must include your name, the email address associated with your Account, and a clear statement that you are opting out.
You agree, to the extent permitted by law, to indemnify, defend, and hold harmless us, our affiliates, directors, officers, stockholders, employees, licensors, payment partners, and agents (“our Parties”) from and against any claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) arising out of or relating to: (a) your access to or use of the Service; (b) your violation of these Terms, any rights of another party, or any applicable law; (c) your Member Content; (d) your misuse of a Reservation or Virtual Dining Card; or (e) your conduct at a Restaurant. We reserve the right, at our cost, to assume the exclusive defense and control of any matter subject to indemnification by you. This Section survives termination of your Account or these Terms.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; THAT A RESTAURANT WILL HONOR A RESERVATION; THAT A VIRTUAL DINING CARD WILL PROCESS WITHOUT ERROR; OR THAT ANY RESTAURANT INFORMATION WILL BE COMPLETE, CURRENT, OR ACCURATE.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE, OR DATA, OR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICE, INCLUDING DAMAGES ARISING FROM RESTAURANT CONDUCT, RESTAURANT PREMISES, FOOD OR BEVERAGE ISSUES, OR THIRD-PARTY SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF: (i) $100 USD, OR (ii) THE TOTAL AMOUNTS YOU PAID DIRECTLY TO US THROUGH THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITS APPLY UNDER ALL LEGAL THEORIES AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as described in this Section, so these limits may not fully apply to you.
You represent and warrant that: (a) you have the right, authority, and capacity to agree to these Terms; (b) all information you provide to us is accurate, current, and complete; (c) you will comply with these Terms, Restaurant rules, and all applicable laws; (d) you are not barred from using the Service under the laws of any applicable jurisdiction; (e) you are not subject to economic or trade sanctions and are not located in a comprehensively sanctioned jurisdiction; and (f) you will not use the Service to conduct, promote, or facilitate illegal activity.
How we collect, use, disclose, and protect your personal information is described in our Privacy Policy, and we encourage you to give it a read. It covers Account information, contact and identity verification details, Reservation history, dining preferences, behavioral standing information, device data, and information used for demand prediction, fraud prevention, and Service improvement. By using the Service, you acknowledge that you have read the Privacy Policy.
The Service may contain links to or integrations with third-party websites, services, payment processors, identity verification providers, card program providers, Restaurant point-of-sale systems, and other third-party services. We don’t control those services and aren’t responsible for their acts, omissions, terms, content, data practices, or security. You access and use third-party services at your own risk.
You may not use, export, import, or transfer the Service except as authorized by U.S. law and any other applicable laws. The Service may not be exported or re-exported into U.S.-embargoed countries or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Service, you represent that you are not located in any such country and are not on any such list.
These Terms, together with our Privacy Policy and any additional terms incorporated by reference, are the entire agreement between you and us regarding the Service and supersede all prior agreements and discussions on the subject, whether written or oral.
If any provision of these Terms is found unenforceable by a court of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions will continue in full force and effect.
Our failure to enforce any provision of these Terms on any occasion is not a waiver of our right to enforce it on another. No waiver of any provision will be effective unless made in writing and signed by an authorized representative of ours.
You may not assign, subcontract, delegate, or otherwise transfer these Terms or any of your rights or obligations under them without our prior written consent, and any attempted assignment in violation of the foregoing will be null and void. We may assign these Terms in connection with a merger, acquisition, financing, reorganization, or sale of assets, or by operation of law, without notice or consent.
These Terms are for your and our benefit only. No third party has any right to enforce or rely on any provision of these Terms, regardless of whether that third party is a Restaurant, payment partner, or other person or entity referenced in these Terms.
We will not be liable for any delay or failure to perform our obligations under these Terms to the extent caused by circumstances beyond our reasonable control, including acts of God, war, terrorism, government action, civil unrest, epidemic or pandemic, fire, flood, earthquake, infrastructure or utility failure, payment processor outages, card issuer or card program provider outages, Restaurant point-of-sale system outages, payment network outages, labor disputes, supply shortages, or other events beyond our reasonable control. We will use reasonable efforts to resume performance as soon as practicable.
Notices from you to us must be sent in writing to legal@thefinertable.com and The Finer Table, Inc. #2293, 867 Boylston Street, 5th Floor, Boston, MA 02116. Notices from us to you are effective when sent to the email address associated with your Account, delivered in-Service, or provided through another method permitted under these Terms. You are responsible for keeping your contact information current and for ensuring that notices we send to your registered email address are not blocked or filtered.
You agree that these Terms may be entered into electronically and that your electronic acceptance, whether by clicking, tapping, or otherwise indicating agreement through the Service, carries the same legal effect as a handwritten signature. You waive any right to claim that these Terms are unenforceable solely because they were entered into electronically.
These Terms are written in English. To the extent we make available any translation of these Terms, the English version will control in the event of any conflict or inconsistency.
Headings are for convenience only and do not affect interpretation. “Including” and “includes” mean including without limitation. “Or” is not exclusive. No rule of strict construction will apply against either party as the drafter of these Terms. No agency, partnership, joint venture, employment, or franchise relationship is created by these Terms.
If you have questions about these Terms or the Service, please contact us at support@thefinertable.com or visit www.thefinertable.com.