These terms and conditions cover your use of Now Reserving, called “the Website”; by using the Website, you accept these terms and conditions in full. If you do not agree with these terms and conditions in their entirety, or any part of these terms and conditions, you must not use the Website.
You must be at least 18 years of age to use the Website. By using the Website and by agreeing to these terms and conditions, you warrant and represent that you are at least 18 years of age.
Unless otherwise stated, Rusted Orb, Inc. and/or its licensors own all intellectual property rights in the Website and of any material on the Website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages or any content from the Website for your own personal or commercial use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
Where content is specifically made available for redistribution, it may only be redistributed within your organization or for the purpose expressly stated or so implied on the Website.
You must not use the Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or any other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Website without Rusted Orb, Inc.’s express written consent.
You must not use the Website to transmit or send unsolicited commercial communications.
Access to certain areas of the Website is restricted. Rusted Orb, Inc. reserves the right to restrict access to other areas of the Website, or indeed this entire Website, at Rusted Orb, Inc.'s discretion.
If Rusted Orb, Inc. provides you with a user ID and password to enable you to access restricted areas of the Website or other content or services, you must ensure that the user ID and password are kept confidential.
Rusted Orb, Inc. may disable your user ID and password at Rusted Orb, Inc.'s sole discretion without notice or explanation. In the instance that Rusted Orb, Inc. disables your user ID and password, any refund or return of moneys paid by you to Rusted Orb, Inc. will be entirely at Rusted Orb, Inc.’s sole and final discretion.
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to the Website, for whatever purpose.
You grant to Rusted Orb, Inc. a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media for the sole purpose of fulfilling the Website’s stated and/or future functionality.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Rusted Orb, Inc. or a third party (in each case under any applicable law).
You must not submit any user content to the Website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Rusted Orb, Inc. reserves the right to edit or remove any material submitted to the Website, or stored on Rusted Orb, Inc.'s servers, or hosted or published upon the Website.
Notwithstanding Rusted Orb, Inc.'s rights under these terms and conditions in relation to user content, Rusted Orb, Inc. does not undertake to monitor the submission of such content to, or the publication of such content on, the Website.
The Website is provided “as is” without any representations or warranties, express or implied. Rusted Orb, Inc. makes no representations or warranties in relation to the Website or the information and materials provided on the Website.
Without prejudice to the generality of the foregoing paragraph, Rusted Orb, Inc. does not warrant that:
Nothing on the Website constitutes, or is meant to constitute, advice of any kind, except where expressly noted. If you require advice in relation to any matter you should consult an appropriate professional.
Rusted Orb, Inc. will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, the Website:
These limitations of liability apply even if Rusted Orb, Inc. has been expressly advised of the potential loss.
Nothing in the Website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in the Website disclaimer will exclude or limit Rusted Orb, Inc.'s liability in respect of any:
By using the Website, you agree that the exclusions and limitations of liability set out in the Website disclaimer are reasonable.
If you do not think they are reasonable, you must not use the Website.
You accept that, as a corporate entity, Rusted Orb, Inc. has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Rusted Orb, Inc.'s officers or employees in respect of any losses you suffer in connection with the Website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in the Website disclaimer will protect Rusted Orb, Inc.'s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Rusted Orb, Inc.
If any provision of the Website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of the Website disclaimer.
You hereby indemnify Rusted Orb, Inc. and undertake to keep Rusted Orb, Inc. indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Rusted Orb, Inc. to a third party in settlement of a claim or dispute on the advice of Rusted Orb, Inc.'s legal advisers) incurred or suffered by Rusted Orb, Inc. arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Without prejudice to Rusted Orb, Inc.'s other rights under these terms and conditions, if you breach these terms and conditions in any way, Rusted Orb, Inc. may take such action as Rusted Orb, Inc. deems appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.
Rusted Orb, Inc. may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of the Website from the date of the publication of the revised terms and conditions on the Website. Please check this page regularly to ensure you are familiar with the current version.
Rusted Orb, Inc. may transfer, sub-contract or otherwise deal with Rusted Orb, Inc.'s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These terms and conditions, together with the Website Privacy Policy, constitute the entire agreement between you and Rusted Orb, Inc. in relation to your use of the Website, and supersede all previous agreements in respect of your use of the Website.
These terms and conditions will be governed by and construed in accordance with the laws of the State of New York, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of state and federal courts sitting in New York County.
Rusted Orb, Inc. is registered in the State of New York.
Rusted Orb, Inc.'s registered address is:Astoria, NY 11105
You can contact Rusted Orb, Inc. by email to help@nowreserving.com.