TERMS
AND
CONDITIONS
Reservation System End-Users Agreement & Rules of Conduct for OX BILLIARDS. Last updated 04/15/2023 This Reservation System Agreement & Rules of Conduct ("Agreement") is a binding agreement between you ("End User" or "you" or “Member” or “Registered Guest” or “Registered User”) and OX BILLIARDS ("Company"). This Agreement governs your use of the OX BILLIARDS, (including all related documentation, the "Reservation System") and use of Company’s facilities. The Reservation System is licensed, not sold, to you. BY ELECTRONICALLY SIGNING AND USING THE Reservation System, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE RESERVATION SYSTEM OR COMPANY’S FACILITIES.
1. Membership and Registered Users. Company has the right to refuse service to anyone. You have two options to use the Reservation System. The Options are (a) Membership. Memberships for use of the facilities are available for an annual fee of $200 and a security deposit of $300, price subject to change without notice. If Membership is canceled within two months, then the security deposit is refundable minus 15%. The annual fee is not refundable. If a Member loses their secure access card, they must notify Company immediately so that the card can be disabled and will incur a $50 fee. Member will incur the cost of a new secure access card, OR (b) Registered Users. End Users can opt for use of the Reservation System at no charge but must register as a Registered User and can only reserve tables during daily public hours, which shall include providing personal information to Company. Use of the facilities shall be rented by End User in hourly increments and charged to End Users credit card on file. A Registered User can be a Registered Guest of a Member during After-Hours access unless Company prohibits a person from After-Hours access. Members may invite up to one Registered Guest and the Guest’s information must be on the reservation.
2. Fees & Scheduling. End-Users shall make reservations through the Reservation System for use of Company’s facilities. Company does not accept cash. Walk-in reservations may be inputted by Company staff on the End-User’s behalf. End-Users shall not use the facilities except during reserved time slots. (a) Cancellations or changes to reservations. Reservations canceled within 1 hour of the reserved time will not be refunded. Changes to reservations cannot be changed within four hours of the reserved time. (b) Late Arrivals. End Users who arrive more than 15 minutes late shall be deemed a cancellation in accordance with Section 2(a) are nonrefundable. (c) Payment. End-User shall provide Company with a credit card to be charged at the time of making the reservation and will be kept on file. Company shall charge all incurred expenses, including expenses for missing items, damage, vandalism, time use, and other expenses, to the card on file.
3. Membership Rules of Conduct. Members, Registered Guests, and End User understands and agrees to the following Rules of Conduct: (a) Only Members, Registered Users, and Registered Guests may use the facilities. Company has the right to refuse service to anyone. Up to four players may use one table, any more than four players requires an additional table rental. A player is anyone who plays on the table for any amount of time. Players must keep the space between tables clear and never lean on the tables. Non-player guests should not gather around the tables, but instead, remain in the seating area so the playing areas are clear. (b) During after-hours access, Members shall not bring, permit, or invite guests or other individuals unless those individuals are Members or Registered Users/Guests and have been inputted in the Reservation System. Members shall receive secure access for entry into the facilities after-hours and may bring only one Registered Guest as their “plus-one”; (c) The facilities are open for daily public hours between 3 p.m. and 12 a.m., 7 days a week or during member days, federal and state holidays excluded. Notice shall be posted in advance of any scheduled closures. In cases of emergency, the facility may be closed without notice. Members and Registered Users understand and agree that Company is not in breach of this Agreement or liable for maintenance or mandatory closures, excusable events, or Force Majeure; (d) All facilities are monitored using surveillance technology twenty-four hours a day, 7 days a week. Members and Registered Users hereby understand Company uses video and audio security cameras and surveillance to ensure the safety of all Members, employees, guests, and other individuals. Member consents to video and audio recording while on the Premises; (e) Members and Registered Users may not bring illegal drugs, alcoholic beverages, or like-substances onto the premises including the locker and parking areas. Members and Registered Users agree not to use the facility or engage in any activity on the premise while under the influence of drugs, alcohol, or medication that may impair Member’s ability to operate equipment safely. If a Member or Registered User brings, stores, uses, consumes, or otherwise provides or possesses alcohol, vapors, cigarettes, or illegal drugs, Member or Registered User shall be fined $5,000 and immediately removed from the facilities; (f) Members and their Registered Guest must reserve through the Reservations System for after-hours use of the facilities and shall not interfere with other Members and/or Registered Users’ use of the facilities; (g) No gambling is permitted at any time. If a Member or Registered User gambles, wages, or otherwise bets in any way at the facilities or through the Reservation System, Member or Registered user shall be fined $5,000 and immediately removed from the facilities; (h) Members and Registered Users shall respect the facilities and any personal property, equipment, fixtures, or other property at the facilities. Do not lean on any tables, do not stand in between tables when it is not your turn, and do not use loud or incidental language to disturb other players. Destruction, or vandalism of any kind, of the facilities, personal property, equipment, fixture, or other property shall result in a fine of $5,000, actual damages (including actual attorney’s fees), and immediate removal from the facilities; (i) Members and Registered Users should not bring valuables, including money, onto the facilities or parking areas. Members and Registered Users understand and agree that Company shall not be liable for the loss, theft, or damage to personal property of Members and Registered Users. (j) Members and Registered Users shall comply with all posted signs including signs regarding safety, proper use of the equipment, rules, and regulations. (k) Company may, at its sole discretion and from time to time, update, change, or amend the Rules and Regulations; (l) While using the facility, all Members and Registered Users shall refrain from engaging in loud, foul, or slanderous language and shall refrain from badgering or harassing other Members, Registered Users, Employees, Agents, or Contractors. Violent conduct, or the threat of, is strictly prohibited. (m) No Member or Registered User may engage in coaching, training, or other business-related activities, as determined by Company in its sole discretion, while at the facility or face fines up to $5,000 and removal from the facilities.
4. License Grant. Subject to the terms of this Agreement, Company grants you a limited, non-exclusive, and non-transferable license to (a) use the Reservation System for your personal, non-commercial use on a device owned or otherwise controlled by you ("Mobile Device") strictly in accordance with the Reservation System's documentation; and (b) access, stream, download, and use on such Mobile Device the Content and Services (as defined in Section 8) made available in or otherwise accessible through the Reservation System, strictly in accordance with this Agreement and the Terms of Use applicable to such Content and Services as set forth in Section 8.
5. License Restrictions. Licensee shall not: (a) copy the Reservation System, except as expressly permitted by this license; (b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Reservation System; (c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Reservation System or any part thereof; (d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Reservation System, including any copy thereof; (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Reservation System, or any features or functionality of the Reservation System, to any third party for any reason, including by making the Reservation System available on a network where it is capable of being accessed by more than one device at any time; (f) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Reservation System.
6. Reservation of Rights. You acknowledge and agree that the Reservation System is provided under license, and not sold, to you. You do not acquire any ownership interest in the Reservation System under this Agreement, or any other rights thereto other than to use the Reservation System in accordance with the use granted, and subject to all terms, conditions, and restrictions, under this Agreement. Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Reservation System, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
7. Collection and Use of Your Information. You acknowledge that when you use the Reservation System, Company may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Reservation System. You also may voluntarily provide certain information about yourself as a condition to using the Reservation System or certain of its features or functionality, and the Reservation System may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this Reservation System is subject to our Privacy Policy. By using, and providing information to, or through this Reservation System, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
8. Content and Services. The Reservation System may provide you with access to Company's website located at oxbilliards.com (the "Website") and products and services accessible thereon, and certain features, functionality, and content accessible on or through the Reservation System may be hosted on the Website (collectively, "Content and Services"). Your access to and use of such Content and Services are governed by Website's Terms and Conditions and Privacy Policy which are incorporated herein by this reference. Your access to and use of such Content and Services may require you to acknowledge your acceptance of such Terms and Conditions and Privacy Policy and/or to register with the Website, and your failure to do so may restrict you from accessing or using certain functions of the Reservation System’s features and functionality. Any violation of such Terms and Conditions will also be deemed a violation of this Agreement.
9. Geographic Restrictions. The Content and Services are based in the state of Washington in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United States, you are responsible for compliance with local laws.
10. Updates. Company may from time to time in its sole discretion develop and provide Reservation System updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Device settings, when your device is connected to the internet either: (a) the Reservation System will automatically load with all Updates; or (b) you may receive notice of or be prompted about available Updates. You further agree that all Updates will be deemed part of the Reservation System and be subject to all terms and conditions of this Agreement.
11. Third-Party Materials. The Reservation System may display, include, or make available third-party content (including data, information, Reservation Systems, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
12. Disclaimer of Warranties. THE Reservation System IS PROVIDED TO USER "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE RESERVATION SYSTEM, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING AND MAKES NO REPRESENTATION OF ANY KIND THAT THE RESERVATION SYSTEM WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, RESERVATION SYSTEMS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
13. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE RESERVATION SYSTEM OR THE CONTENT AND SERVICES FOR: (a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES. (b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE RESERVATION SYSTEM. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
14. Term and Termination. (a) The term of Agreement commences when you acknowledge your acceptance and will continue in effect until terminated by you or Company as set forth in this Section 11. You may terminate this Agreement by providing written notice to Company at least 30 days in advance of the next scheduled payment by emailing mike@oxbilliards.com. (b) Company may terminate this Agreement at any time without notice if it ceases to support the Reservation System, which Company may do in its sole discretion, or for any reason or no reason whatsoever. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement. (c) Upon termination: (i) all rights granted to you under this Agreement will also terminate, and (ii) you must cease all use of the Reservation System. (d) Termination will not limit any of Company's rights or remedies at law or in equity.
15. Notice. IN THE EVENT OF AN EMERGENCY, MEMBERS AND REGISTERED USERS SHALL IMMEDIATELY CONTACT THE HOST AT 206-683-9484. All notices, requests, consents, demands, waivers, and other communications shall be in writing and shall be deemed given (a) when delivered by hand (with written confirmation of receipt); (b) when received by the addressee if sent by a nationally recognized overnight courier (receipt requested); (c) on the date sent by email (with confirmation of transmission) if sent during normal business hours of the recipient; or (d) on the third day after the date mailed, by certified or registered mail (receipt requested). All legal notices and demands shall be sent to Company: With a copy to 1432 Broadway, Seattle, WA 98122 E-mail: mike@oxbilliards.com Attention: Mike Dominguez
16. Indemnification. You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including actual attorneys' fees, arising from or relating to your use or misuse of the Reservation System, your breach of this Agreement, or use of the facilities, including but not limited to the content you submit or make available through this Reservation System.
17. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term, and all other provisions of this Agreement will continue in full force and effect.
18. Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of Washington without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Reservation System shall be instituted exclusively in the courts of the State of Washington. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
19. Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE RESERVATION SYSTEM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
20. Jury Waiver. EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTION CONTEMPLATED HEREBY. EACH PARTY CERTIFIES THAT (A) NO REPRESENTATIVE OF THE OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT THE OTHER PARTY WOULD NOT SEEK TO ENFORCE THE FOREGOING WAIVER IN THE EVENT OF A LEGAL ACTION, (B) EACH PARTY HAS CONSIDERED THE IMPLICATIONS OF THIS WAIVER, (C) EACH PARTY MAKES THIS WAIVER KNOWINGLY AND VOLUNTARILY, AND (D) THE PARTY HAS BEEN INDUCED TO ENTER INTO THIS AGREEMENT BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION.
21. CLASS ACTION WAIVER. EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTION CONTEMPLATED HEREBY. NEITHER PARTY WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
22. Default. In the event that any Party fails to perform as outlined herein, the non-breaching Party shall have a cause of action under the terms of this Agreement to seek remedy or recourse in law or equity including, but not limited to, damages or specific performance.
23. Attorney’s Fees. In the event of any dispute or litigation based upon or arising out of this Agreement, the prevailing Party shall be entitled to recover attorneys’ fees, court costs, and other associate’s expenses from the non-prevailing Party.
24. Successors and Assigns. The terms and provisions of this Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns.
25. Modification and Waiver. No change, amendment, or waiver of any provision of this Agreement shall be binding and valid unless it is set forth in writing and signed by all parties. Any waiver shall be limited to the circumstance or event specifically referenced in the 8 written waiver document and shall not be deemed a waiver of any other term of this Agreement or of the same circumstance or event upon any recurrence thereof.
26. Entire Agreement. This Agreement, our Website Terms & Conditions, and our Privacy Policy constitute the entire agreement between you and Company with respect to the Reservation System and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Reservation System.
27. Waiver. No failure to exercise and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.