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ReserveKing Terms of Use


These ReserveKing Terms of Use (this “Agreement”) apply to your use of (1) the ReserveKing website at http://www.reserveking.com and all related websites owned and operated solely by ReserveKing (collectively, the “ReserveKing Site”), (2) the reservation services made available by ReserveKing through the ReserveKing Site, any ReserveKing-branded application for your mobile or other device (collectively, the “ReserveKing Application”), and any other online properties of ReserveKing or third parties, as described in Part I below (the “Reservation Services”), (3) the payment services made available by ReserveKing through the ReserveKing Site as described in Part II below (the “Payment Services”), (4) any ReserveKing Application, and (5) any other services or features made available by ReserveKing through the ReserveKing Site or any ReserveKing Application. Together, the items in (1) through (5) are the “Services”.

In this Agreement, “ReserveKing” and “we” mean ReserveKing, LLC., and “User” and “you” mean any user of the Services. This Agreement incorporates ReserveKing’s standard policies, procedures, and terms and conditions for use of the Services that are referenced by name or by links in this Agreement (collectively, the “ReserveKing Policies”).

By accessing or using the Services or clicking “accept” or “agree” to this Agreement, (1) you acknowledge that you have read, understand, and agree to be bound by this Agreement, and (2) you represent and warrant that you are of legal age and not prohibited by law from accessing or using the Services. THIS AGREEMENT CONTAINS, AMONG OTHER THINGS, AN ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER.

ReserveKing may update or revise this Agreement (including any ReserveKing Polices) from time to time. You agree that you will review this Agreement periodically. You are free to decide whether or not to accept a modified version of this Agreement, but accepting this Agreement, as modified, is required for you to continue using the Services. You may have to click “accept” or “agree” to show your acceptance of any modified version of this Agreement. If you do not agree to the terms of this Agreement or any modified version of this Agreement, your sole recourse is to terminate your use of the Services, in which case you will no longer have access to your Account (as defined below). Except as otherwise expressly stated by ReserveKing, any use of the Services (e.g., the use of the Reservation Services or the Payment Services or the purchase of an ReserveKing Gift Card) is subject to the version of this Agreement in effect at the time of use.

Part I - Reservation Services

1.  Fitness Reservations. ReserveKing provides the Reservation Services to User for the purpose of assisting User in securing reservations at participating third-party Fitness Merchants (each, a “Fitness Activity or Fitness Merchant”). In response to a User’s online request for a Fitness Activity reservation through the ReserveKing Site, ReserveKing directly contacts the Fitness Merchant computerized database of reservations. The availability of reservations is determined at the time of User’s query. Once a reservation is made by User through the ReserveKing Site, ReserveKing will provide confirmation of the reservation to User by email. By using the Reservation Services, User agrees to receive reservation confirmations by email after booking a reservation through the Reservation Services.

2.  No-Show Policy. ReserveKing is committed to providing superior quality services to Users and Fitness Merchants. To assist us in maintaining a consistently high level of service for Fitness Merchants and their patrons, Users must cancel any reservations that they will be unable to honor at least 3 hours after reservation. You may cancel your reservation via the ReserveKing Site. Fitness Merchants will require payment to finalize your reservation. In order to use the Reservation Services for these Fitness Merchants, you must provide valid payment information. To confirm that the debit or credit card information you have provided is accurate, we may place a temporary authorization on your debit or credit card at the time you provide your debit or credit card information. After we verify that your debit or credit card information is accurate, usually within a few days, the authorization will be removed. ReserveKing uses this debit or credit card information as described in our privacy policy and shall have no liability for any charges made to the debit or credit card account for any failure to cancel your reservation in accordance with cancellation policy.

3.  Usage Guidelines. User agrees to use the Reservation Services only to book reservations at Fitness Merchants and then honor those reservations by arriving at the Fitness Merchants on time. User may book multiple reservations. 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 the Services. 

Part II – Payment Services

4. General Description and Requirements. The Payment Services allow Users to pay bills at participating Fitness Merchants through the ReserveKing Site. In order to use the Payment Services at a participating Fitness Merchant, you must: (1) log in to reserveking.com; (2) make a reservation for the Fitness Merchants through the Reservation Services; (3) provide valid payment method information through or to the ReserveKing Site as further described below; and (4) have an Account in good standing. There is no fee to use the Payment Services, but your mobile carrier’s standard data charges may apply; you are   responsible for any fees charged by your mobile carrier in connection with your use of the Payment Services and ReserveKing Site.

5. Payment Method Information. In order to use the Payment Services, you must provide account information for at least one valid debit or credit card or other payment method through or to the ReserveKing Site. ReserveKing uses this payment method account information as described in our privacy policy. If you provide account information for a debit or credit card to the ReserveKing Site via a third party, your provision of such debit or credit card shall also be subject to the terms and conditions specified by such third party. ReserveKing takes no responsibility and assumes no liability for any actions or omissions of such third party. You may add, delete, and edit the payment method account information you have provided from time to time directly through the ReserveKing Site. If you provide account information in such manner for more than one valid debit or credit card, you must select which debit or credit card you want to use to pay your Fitness Activity bill.

To confirm that the payment method information you have provided through or to the ReserveKing Site is accurate, we may place a temporary authorization on your payment method at the time you provide your payment method information through or to the ReserveKing Site or when you make a reservation and opt in to use the Payment Services. After we verify that your payment method information is accurate, usually within a few days, the authorization will be removed.

To the extent permitted by applicable law and subject to our privacy policy, you acknowledge and agree that we may use certain third-party vendors and service providers to process payments, manage debit and credit card information and detect and prevent fraud.

By providing debit or credit card account information through or to the ReserveKing Site, you represent, warrant, and covenant that: (1) you are legally authorized to provide such information to us; (2) you are legally authorized to perform payments from the debit or credit card account(s); and (3) such action does not violate the terms and conditions applicable to your use of such debit or credit card account(s) or applicable law. When you authorize a payment using a debit or credit card account via the ReserveKing Site, you represent, warrant, and covenant that there are sufficient funds or credit available to complete a payment using the debit or credit card account.

6. Account Settings. You may establish certain default settings for your use of the Payment Services through the ReserveKing Site, such as your preferred payment card account if you provided debit or credit card information directly through the ReserveKing Site. You may change these settings through the ReserveKing Site.

7. Payment Authorization and Settlement. After you place an order at a participating Fitness Facilitity, you may indicate through the ReserveKing Site that you intend to pay your Fitness Activity bill using the Payment Services. You may review your bill and select the gratuity from certain options through the ReserveKing Site; provided, however, in lieu of the gratuity you set, a minimum gratuity may be added in accordance with the Fitness Merchants gratuity policies. When you indicate through the ReserveKing Site that you intend to pay your Fitness Activity bill using the Payment Services, you authorize reserveking.com to charge your debit or credit card for the full amount of your final bill, which may include among other things a gratuity based on your selection or minimum gratuity, if any, charged by the Fitness Merchants, any applicable taxes, surcharges, or fees and may include adjustments for any errors or omissions. You may only use the Payment Services to pay the full amount of the bill; no split checks or partial payments are permitted. Except to the extent otherwise required by applicable law, ReserveKing is not responsible or liable for any payments authorized through the ReserveKing Site using your payment method information.

8.  Receipts and Transaction History. As a courtesy, we will email a receipt to the email address associated with your Account upon completion of a transaction using the Payment Services. You may print and save copies of these receipts.

9.  Certain Limitations. You acknowledge and agree that ReserveKing provides the Payment Services only as a convenience and is not a party to your payment transactions performed using the Payment Services. ReserveKing is an independent contractor for all purposes and is not your agent or trustee. ReserveKing is not responsible, and has no liability for, the products or services that are paid for with the Payment Services. ReserveKing is not responsible for any overcharges or other payment disputes with Fitness Merchants. Users must resolve payment and other disputes directly with Fitness Merchants.

ReserveKing is not liable for any payments that the Payment Services do not complete because: (1) your debit or credit card account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit or overdraft protection of the debit or credit card account; (2) you have not provided us with correct payment account information; (3) your debit or credit card has expired; or (4) circumstances beyond our control (such as, but not limited to, power outages, interruptions of cellular service, or any other interferences from an outside force) prevent the execution of the transaction. To the extent that any amounts owed cannot be collected from your debit or credit card account through the Payment Services, you are solely responsible for paying the applicable Fitness Merchant by other means.

Part III – Terms for All Services

10. Privacy Policy. ReserveKing is committed to helping you safeguard your privacy online. Please review our privacy policy for details about how we collect, use, and disclose information in connection with the Services.

11. Your Account. You are required create an account with ReserveKing through the ReserveKing Site (“Account”) in order to use the Reservation and Payment Services. When registering for an Account, you must provide true, accurate, current, and complete data about yourself on the ReserveKing registration form (“Registration Data”). You also agree to promptly update the Registration Data to keep it true, accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your Account and the information in your Account, and, except as otherwise required by applicable law, you are solely responsible for all use of your Account, whether or not authorized by you. You agree to immediately notify ReserveKing of any unauthorized use of your Account or any other breach of security related to your use of the Services.

12. Technical Requirements. Use of the Services requires Internet access through your computer or mobile device. You are responsible for all mobile carrier charges resulting from your use of the Services. ReserveKing does not guarantee that the Services will be compatible with all devices or will be supported by all mobile carriers. You may be required to have JavaScript (or similar technologies) enabled to use the ReserveKing Site, and some features and portions of the ReserveKing Site (including, but not limited to, making, modifying, or canceling reservations) may not be accessible with JavaScript disabled.

13. Modifications to Services. ReserveKing reserves the right, in its sole discretion, to modify the Services from time to time and without notice, including, without limitation, by removing, adding, or modifying portions of the ReserveKing Site, ReserveKing Application, and/or Fitness Merchants. ReserveKing shall have no liability to you for any of the foregoing actions. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following any such changes shall indicate your acknowledgment of such changes and satisfaction with all the Services.

14. Intellectual Property Rights and Grant of Rights to User. The features, information, and materials provided and depicted through the Services are protected by copyright, trademark, patent, and other intellectual property laws. All text, graphical content, video, data, and other content made available through the Services (collectively, the “ReserveKing Content”) are provided to User by ReserveKing or its partners or licensors solely to support User’s permitted use of the Services. The ReserveKing Content may be modified from time to time by ReserveKing in its sole discretion. Except as expressly set forth herein, no license is granted to User for any other purpose, and any other use of the Services or the ReserveKing Content by User shall constitute a material breach of this Agreement. ReserveKing and its partners or licensors retain all rights in the Services and ReserveKing Content and any associated patents, trademarks, copyrights, mask work rights, trade secrets, or other intellectual property rights. No license, right, or interest in any trademarks of ReserveKing or any third party is granted under this Agreement.

15. Application License. Subject to the terms and conditions of this Agreement, ReserveKing grants User a non-exclusive, non-transferable, revocable license to use the ReserveKing Application, in object code form only, on User’s compatible mobile devices, solely to support User’s permitted use of the Services.

16. Use Restrictions. The Services and ReserveKing Content are offered solely for User’s personal use for the purposes described in this Agreement. Any and all other uses are prohibited. ReserveKing expressly reserves all its rights and remedies under applicable state and federal laws. ReserveKing reserves the right, in its sole discretion, to refuse service, terminate Accounts, remove or edit content, cancel reservations, or deny access to the Services. You agree not to (and not to allow any third party to): (1) use any deep-link, robot, spider, scraper, or other automatic or manual device, process, or means to access, copy, search, or monitor any portion of the Services or ReserveKing Content, except as expressly authorized by ReserveKing; (2) take any action that imposes or may impose (in ReserveKing’s sole determination) an unreasonable or a disproportionately large load on the Services or ReserveKing’s infrastructure; (3) utilize any device, software, or routine that will interfere or attempt to interfere with the functionality of the Services; (4) rent, lease, copy, provide access to or sublicense any portion of the Services or ReserveKing Content to a third party; (5) use any portion of the Services or ReserveKing Content to provide, or incorporate any portion of the Services or ReserveKing Content into, any product or service provided 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 ReserveKing); (7) modify any Services or ReserveKing Content or create any derivative product from any of the foregoing; (8) remove or obscure any proprietary or other notices contained in the Services or ReserveKing Content; (9) use the Services or ReserveKing Content for any illegal purpose; or (10) publicly disseminate information regarding the performance of the Services or ReserveKing Content or access or use the Services or ReserveKing Content for competitive analysis or benchmarking purposes.

17. Government End Users. The Services constitute a “commercial item” as defined at 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire any ReserveKing Application with only those rights set forth therein.

18. Export Control. You may not use, export, or re-export any ReserveKing Application or other aspects of the Services (or any copy or adaptation of the foregoing) in violation of applicable law, including, without limitation, United States and foreign export laws and regulations. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country and that you are not listed on any U.S. Government list of prohibited or restricted parties.

19. Termination. ReserveKing may suspend your ability to use all or any element of the Services or may terminate this Agreement effective immediately, without notice or explanation. Without limiting the foregoing, ReserveKing may suspend your access to the Services if we believe you to be in violation of any part of this Agreement (including any ReserveKing Policies) or, with respect to the Payment Services, if we receive excessive chargebacks on the debit or credit card associated with your Account. After any suspension or termination, you may or may not be granted permission to use the Services or re-establish an Account. You agree that ReserveKing shall not be liable to you for any termination of this Agreement or for any effects of any termination of this Agreement. You are always free to discontinue your use of the Services at any time. You understand that any termination of your Account may involve deletion of any content stored in your Account for which ReserveKing will have no liability whatsoever.

20. Reviews, Comments, Communications, and Other Content. The Services may permit you to submit reviews, comments, and ratings; send emails and other communications; and submit suggestions, ideas, comments, questions, or other information for publication and distribution to Fitness Merchants and other third parties (“User Content”). Any such User Content must not be illegal, threatening, obscene, racist, defamatory, libelous, pornographic, infringing of intellectual property rights, promoting of illegal activity or harm to groups and/or individuals, invasive of privacy, purposely false or otherwise injurious to third parties, or objectionable and must not consist of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of “spam” or references to illegal activity, malpractice, purposeful overcharging, or false advertising. Your User Content should be unbiased and objective. You may not submit reviews, comments or ratings of your own Fitness Merchant, or any Fitness Activity of your employer, friend, relative or a competitor. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of User Content. ReserveKing reserves the right (but has no obligation) to monitor, remove, or edit User Content in ReserveKing’s sole discretion, including if User Content violates this Agreement (including any ReserveKing Policies), but you acknowledge that ReserveKing may not regularly review submitted User Content. If you do submit User Content, and unless we indicate otherwise, you grant ReserveKing a nonexclusive, perpetual, royalty-free, irrevocable, and fully sub-licensable (through multiple tiers) right to use, modify, reproduce, adapt, translate, publish, create derivative works from, distribute, display, and otherwise exploit such User Content throughout the world in any media. ReserveKing takes no responsibility and assumes no liability for any User Content submitted by you or any other User or third party.

21. Your Representations and Indemnity. You represent and warrant that you own or otherwise control all of the rights to any User Content submitted by you; that all User Content submitted by you is accurate; and that exploitation of such User Content by ReserveKing and its other Users, partners, and licensees will not violate this Agreement, cause injury to any person or entity, or infringe any third-party rights (including, without limitation, intellectual property rights and rights of privacy or publicity). You will indemnify, hold harmless, and (at ReserveKing’s request) defend ReserveKing, its affiliates, and its and their representatives, agents, directors, managers, officers, employees, and shareholders (collectively, the “ReserveKing Parties”) from and against all claims resulting from (1) any User Content submitted by you, (2) your use of the Services, or (3) any breach or alleged breach by you of this Agreement.

22. Liability Limitations. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE RESERVEKING PARTIES BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS, OR DIRECT DAMAGES OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHICH ARISE OUT OF OR ARE ANY WAY CONNECTED WITH (1) THIS AGREEMENT, (2) ANY USE OF THE SERVICES, THE RESERVEKING CONTENT, OR THE USER CONTENT, (3) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF THE RESERVATION SERVICES OR PAYMENT SERVICES), OR (4) YOUR VISIT TO ANY FITNESS MERCHANT OR THE PERFORMANCE, NON-PERFORMANCE, CONDUCT, OR POLICIES OF ANY FITNESS MERCHANT IN CONNECTION WITH THE SERVICES. IN ADDITION, YOU SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING YOU TO THE RESERVEKING SITE BY REFERRAL, LINK, OR ANY OTHER MEANS IS NOT LIABLE TO USER FOR ANY REASON WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE SERVICES OR THE RESERVEKING CONTENT. RESERVEKING IS NEITHER AN AGENT OF NOR OTHERWISE ASSOCIATED WITH ANY FITNESS MERCHANT FOR WHICH A USER HAS MADE A RESERVATION OR PAID A BILL USING THE PAYMENT SERVICES.

You and ReserveKing understand and agree that the disclaimers, exclusions, and limitations in this Section 22 and in Section 23 are essential elements of this Agreement and that they represent a reasonable allocation of risk. In particular, you understand that ReserveKing would be unable to make the Services available to you except on these terms and agree that this Agreement will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.

23. Disclaimer of Warranties. THE SERVICES, ALL RESERVEKING CONTENT, AND ANY OTHER INFORMATION, PRODUCTS, AND MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICES, ARE PROVIDED TO USER ON AN “AS IS” BASIS AND WITHOUT WARRANTY OF ANY KIND. RESERVEKING EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, OR INDEMNITIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. RESERVEKING DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT RESERVEKING WILL REVIEW THE INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SERVICES FOR ACCURACY OR THAT IT WILL PRESERVE OR MAINTAIN ANY SUCH INFORMATION OR MATERIALS WITHOUT LOSS. RESERVEKING SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES, OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF RESERVEKING.

THE FOREGOING DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

24. Links to Third-Party Websites. The Services may contain hypertext links to websites operated by parties other than ReserveKing. Such hypertext links are provided for User’s reference only, and ReserveKing does not control such websites and is not responsible for their content. ReserveKing’s inclusion of any hypertext links to such websites does not imply any endorsement of the material on such websites or any association with their operators. ReserveKing assumes no liability whatsoever for any such third-party websites or any content, features, products, or services made available through such third-party websites.

25. Release. Fitness Merchants are solely responsible for their interactions with you and any and all claims, injuries, illnesses, damages, liabilities, and costs (“Claims”) suffered by you. You hereby release the ReserveKing Parties from any and all such Claims.

26.  Notify Us of Infringers. If you believe any of the Services violate your copyright, notify our copyright agent in writing. The contact information for our copyright agent is at the bottom of this Section. 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 ReserveKing Parties pertaining to the subject matter of this Section 26.

In order for us to take action, you must do the following in your notice:

(a) provide your physical or electronic signature;

(b) identify the copyrighted work that you believe is being infringed;

(c) identify the item that you think is infringing your work and include sufficient information about where the material is located so that we can find it;

(d) provide us with a way to contact you, such as your address, telephone number, or email;

(e) provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, its agent, or the law to be used in connection with the Services; and

(f) provide a statement that the information you provide in your notice is accurate, and that (under penalty of perjury) you are authorized to act on behalf of the copyright owner whose work is being infringed.

Here is the contact information for our copyright agent: copyright@ReserveKing.com

Again, we cannot take action unless you give us all the required information. 

27.  Severability. If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision (or portion thereof) notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.

28.  Assignment. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned, or delegated in any manner by User, but may be freely transferred, assigned, or delegated by ReserveKing.

29.  Waiver. Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.

30.  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 arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and the ReserveKing Parties or their successors or assigns shall exclusively be settled 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.

You and ReserveKing must abide by the following rules: (1) ANY CLAIMS BROUGHT BY YOU OR RESERVEKING 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) the arbitrator shall honor claims of privilege and privacy recognized at law; (4) 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; (5) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (6) 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 ReserveKing 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 the District of Columbia. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in the District of Columbia in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within the District of Columbia 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 ReserveKing 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 the District of Columbia.

For more information on AAA, the Rules and Procedures, or the process for filing an arbitration claim, you may visit http://www.adr.org and https://www.jamsadr.com

30.  Choice of Law. This Agreement is made under and shall be governed by and construed in accordance with the laws of the District of Columbia, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.

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