Last Updated: April 14, 2025.
1. Acceptance of Terms. These Terms of Use (the “Terms of Use”) apply to the Tabbi mobile application, the website(s) located at “www.tabbi.app”, and any other mobile app, website, subdomain, subsite, or mobile application which links to or references these Terms of Use (collectively the “Services”), which are owned and operated by or on behalf of Tabbi Inc. (“Tabbi”).
The Services provide users with access to information and materials about Tabbi and the products and services (“products and services”) offered by Tabbi and by Tabbi’s vendors and customers. The Services also contain text, pictures, graphics, logos, button items, images, works of authorship, and other content (collectively with all information and material about Tabbi, products and services, and Tabbi’s suppliers, distributors, and retail sales channels, “Content”). The Tabbi mobile application is a piece of software created to preauthorize and open tabs on point-of-sale systems and to allow users to view and pay such tabs from a mobile device. The Tabbi mobile application also allows users to view profiles of and send messages to other users nearby.
PLEASE NOTE: Your access to and use of the Services is subject to these Terms of Use, as well as all applicable laws and regulations. Please read these Terms of Use carefully. If you do not accept and agree to be bound by any of these Terms of Use, you are not authorized to access or otherwise use the Services or any information, Content or products and services contained on the Services. Your access to and use of the Services constitutes your acceptance of and agreement to abide by each of these terms and conditions set forth below. These Terms of Use may be changed, modified, supplemented or updated by Tabbi from time to time without advance notice by posting here and you will be bound by any such changed, modified, supplemented or updated Terms of Use if you continue to use the Services after such changes are posted; provided, however, that Tabbi may provide notice by means of conspicuous alert or notification displayed on the Services in the case of substantial revisions. Unless otherwise indicated, any new Content, products and services added to the Services will also be subject to these Terms of Use effective upon the date of any such addition. You are encouraged to review the Services and these Terms of Use periodically for updates and changes. If you are using the Services on behalf of a legal entity, you represent that you are authorized to enter into and agree to these Terms of Use on behalf of that legal entity.
THESE TERMS OF USE INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION IN SOME SITUATIONS, WHICH MEANS THAT YOU MAY HAVE TO SUBMIT ANY DISPUTE RELATED TO THESE TERMS OR THE SITES OR SERVICES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. THESE TERMS OF USE ALSO INCLUDE CLASS ACTION AND JURY TRIAL WAIVERS, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION AND WAIVE YOUR RIGHT TO A TRIAL BY JURY. DO NOT ACCESS OR USE ANY OF THE ONLINE SERVICES IF YOU DO NOT AGREE TO THESE TERMS OF USE IN THEIR ENTIRETY.
2. Contacting Us. If you have any questions or concerns about these Terms of Use, please contact us at contact@tabbi.app or at the mailing address provided below. We will attempt to respond to your questions or concerns promptly after we receive them.
Tabbi, Inc.
25 Draper Street
Unit 423
Greenville, SC 29611
United States
3. Limited License and Site Access; All Rights Reserved. Use of the Services is limited to persons who are at least 21 years of age. Subject to your compliance with these Terms of Use, Tabbi hereby grants you a limited license to access and make personal use of these Services, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Tabbi (e.g., downloading of PDF forms, applications, etc.). This license does not include any resale or commercial use of the Services or the Content; any derivative use of the Services or the Content; or any use of data mining, robots, or similar data gathering and extraction tools. The Services or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Tabbi. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Tabbi without Tabbi's express written consent. You may not use any meta-tags or any other “hidden text” utilizing any of Tabbi's name(s) or service marks without the express written consent of their owners. We (or the respective third party owners of Content) retain all right, title, and interest in the Services and any Content, features, products and services offered on these Services, including any and all intellectual property rights. Any software applications available on or through the Services are licensed, not sold, to you. Tabbi may assign these Terms of Use or any part of them without restrictions. You may not assign these Terms of Use or any part of them, nor transfer or sub-license your rights under this License, to any third party. We (or the respective third party owners of Content) reserve all rights not expressly granted. Any unauthorized use terminates the permission or license granted by Tabbi.
4. Availability of Products, Services and Promotions. Due to promotions that are limited in time or availability, certain products and services described on the Services may not be available to all users at all times. The Services may provide certain summary descriptions or other helpful information regarding products and services or promotions regarding such products and services. Tabbi attempts to be as accurate as possible; however, any such materials are intended to generally describe the products and services and are subject in all respects to the specific terms and conditions of the actual product/service agreement to which they refer. Tabbi attempts to be as accurate as possible with our promotion and Product descriptions. However, Tabbi does not warrant that Product descriptions, promotions, or other content of the Services is accurate, complete, reliable, current, or error-free.. PROMOTIONS, PRICES, AND AVAILABILITY OF THE PRODUCTS AND SERVICES LISTED WITHIN AND ON THE ONLINE SERVICES ARE SUBJECT TO CHANGE WITHOUT NOTICE. The listing, description of, or reference to, a promotion, Product or Service on the Services does not imply that the Product or Service is presently available. All orders of Products or Services are subject to prevailing law, including, as appropriate, export and import regulations and boycotting restrictions, if any, imposed by governing bodies having jurisdiction over such orders, Products or Services.
5. Payments.
a. Payments for products and services purchased through the Services may be processed by a third-party payment gateway. Your use of the third-party payment gateway may be subject to your agreement with additional terms and conditions provided by the third party. Tabbi has no liability for any disagreement between you and the third-party payment gateway which may arise out of these additional terms and conditions.
b. If you purchase Products or Services on the Services, you agree to pay, using a valid credit card (or other form of payment that Tabbi’s third-party payment gateway may accept from time to time), the applicable fees and taxes (if any) set forth in the offer that you accepted. Tabbi’s third-party payment gateway accepts most generally accepted credit card brands; however, Tabbi may add or change the cards which it accepts, at any time, in its sole discretion.
c. All authorized charges will be billed to your designated credit card account (or other payment method), on the terms described at the time of your purchase. If a payment hold cannot be charged to your credit card as set forth above, Tabbi reserves the right to cancel your order. It is your responsibility to ensure that sufficient funds are available to cover the charges for the Products or Services, and Tabbi has no liability for any overdraft or other fees that you may incur as a result of processing your payment. Tabbi will contact you if additional information is required to accept your order.
d. Unless stated otherwise, prices for all products and services are in United States dollars and exclude any and all applicable taxes, unless expressly stated otherwise. To the extent permissible under law, you are responsible for any applicable taxes, whether or not they are listed on your receipt or statement. Tabbi charges sales tax on all orders as required by law. The sales tax amount is based on the location of the store, bar, or restaurant at which the purchase is completed.
6. Copyright. Except as otherwise expressly stated, all Content appearing on the Services is the copyrighted work of Tabbi or its third-party content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content is also the exclusive property of Tabbi and is protected by U.S. and international copyright laws.
You may download information from the Services and print out a hard copy for your personal use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from these Services, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of Tabbi or any applicable third party suppliers. The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by Tabbi. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. Tabbi does not warrant or represent that your use of Content, products and services or any other materials displayed on the Services will not infringe rights of third parties.
7. DMCA. If you believe that any Content on the Services violates or infringes upon your intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2) (the “Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act” or “DMCA:”), please notify us immediately at contact@tabbi.app with reasonably sufficient detail necessary for us to consider and respond to your complaint. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims. Please send Copyright infringement claim notices to contact@tabbi.app.
8. Ownership of information submitted via the Services. Any communication or other material (including any photograph, video, or other audio or visual work) submitted or posted to the Services (“Submission”) along with user location information will be considered non-confidential. Tabbi is under no obligation to post or use any Submission and may remove any Submission at any time in its sole discretion. Unless otherwise expressly stated in writing by Tabbi, no compensation will be paid with respect to the use of any Submission. Tabbi shall have no obligation to preserve, return or otherwise make available to you or others any Submission.
Tabbi shall: (a) own, exclusively, all now known or later discovered rights to the Submission; and (b) be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submission. The rights granted to Tabbi include but are not limited to the right to resize, crop, censor, compress, edit, feature, caption, affix logos to, and to otherwise alter or make use of your Submission.
You understand and intend that any Submission may be available for viewing, rating, review and comment on by the public, and understand that comments or ratings with which you disagree or are unhappy about may be published or otherwise become associated with any Submission. By providing your Submission to Tabbi, you hereby waive any privacy expectations that you may have with respect to any such Submission. You hereby agree to hold Tabbi and its affiliates, subsidiaries, licensees, sponsors and assigns harmless from and against, and hereby waive any right to pursue, any claims of any nature arising in connection with the inclusion in, publication via or display on any Tabbi site, or any other use authorized under these Terms, of your Submission.
9. Privacy.
a. Your privacy is important to us. We maintain our Privacy Policy at www.tabbi.app/privacy-policy. We agree to use your information in accordance with our Privacy Policy, and you consent and acknowledge that your information may be used in accordance with our Privacy Policy. We reserve the right to store all information transmitted via our Services and to use it in accordance with our Privacy Policy. We reserve the right to modify our Privacy Policy from time to time, effective upon posting the revised version on our Site. We encourage you to periodically check the Site for updates. If you disagree with anything in our Privacy Policy, you should cancel your subscription and discontinue using our Services.
b. The Privacy Policy provides a detailed statement of our data privacy and use practices; however, we would like to note that by default, your user profile, including your first name, last initial, and general location (within a 10-mile radius), may be visible to other Tabbi users. You have the option to adjust your profile visibility in your account settings to limit or control who can see your location and information. If you do not want other users to see your general location, you may turn off location sharing in your account settings. Please note that even with location sharing turned off, certain features of the Tabbi application may still utilize your location information for functionality purposes. Your Tabbi friends will have access to your full name and profile information.
10. Connection Requirements. You are responsible for providing and maintaining, at your own risk, option and expense, any hardware, software and communication lines required to access and use these Services, and Tabbi reserves the right to change the access configuration of the Services at any time without prior notice.
11. Accounts. In order to make purchases on the Services and/or access certain content or features of the Services, you may be required to register with Tabbi and create an account. You must not use domain names or web URLs in your username. Your account gives you access to certain portions of the Services and functionality that Tabbi may establish and maintain from time to time and in its sole discretion. By providing Tabbi your email address you consent to our using the email address to send you notices related to the Services, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Services and special offers.
You may control your user profile and how you interact with the Services by changing the settings in your Account.
You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, Tabbi prohibits the creation of, and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to Tabbi upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy. Do not provide your password to any other person or use any other person’s username and password. You must notify Tabbi immediately of any breach of security or unauthorized use of your account. Tabbi will not be liable for any losses caused by any unauthorized use of your account. If you provide information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Services.
12. Alternate Login Methods. You may be able to access your account within the Services by using features such as fingerprint recognition, facial recognition, or other biometric input, which are specific to your computer or mobile device. These features are provided through your device’s built-in functionality, and Tabbi has no responsibility for any misuse, unauthorized use, or failure of these features, either where such activity may prevent you from accessing your account or where such activity may permit an unauthorized third party to access your account. When you use these features, your biometric data is stored on your device and is not transferred to, processed, or stored by or on behalf of Tabbi. Be aware that if you enable features such as fingerprint or facial recognition, anyone with a fingerprint or face profile stored on your device may have access to your information contained within the Services.
13. Prohibited Use. Any use or attempted use of the Services (i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) interfere with any other party's use and enjoyment of the Services, or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data or information not intended by Tabbi to be made accessible to a user, or (vi) attempt to obtain any materials or information through any means not intentionally made available by Tabbi, or (vii) any use other than the business purpose for which it was intended, is prohibited.
In addition, in connection with your use of the Services, you agree you will not:
a. Upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another's right of privacy or publicity;
b. Create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Tabbi representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
c. Upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
d. Upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
e. Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
f. Use the Services’ communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
g. Upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation, commercial or otherwise;
h. Violate any applicable local, state, national or international law;
i. Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;
j. Delete or revise any material posted by any other person or entity;
k. Manipulate or otherwise display the Services by using framing, mirroring or similar navigational technology or directly link to any portion of the Services other than the main homepage, tabbi.app, in accordance with the Limited License and Site Access outlined above;
l. Probe, scan, test the vulnerability of or breach the authentication measures of, the Services or any related networks or systems;
m. Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any products and services or any contests, promotions or sweepstakes if you are not expressly authorized by such party to do so;
n. Harvest or otherwise collect information about others, including e-mail addresses; or
o. Use any robot, spider, scraper, or other automated or manual means to access this Website, or copy any content or information on these Services.
Tabbi reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of the user's access and/or account. Tabbi may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Policy, Tabbi reserves the right at all times to disclose any information as Tabbi deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Tabbi's sole discretion.
14. No Sale of Alcoholic Beverages. Tabbi does not make available, provide or sell alcoholic beverages or alcoholic beverage fulfillment, transportation, or shipping services and is not a licensed alcoholic beverage transportation carrier or retailer. Tabbi makes no representation as to any laws, rules or regulations of any jurisdiction regarding the sale, fulfillment, transportation, and/or shipping services for alcoholic beverages to any consumer. YOU HEREBY ACKNOWLEDGE AND AGREE THAT TABBI IS NOT ENGAGED IN OR RESPONSIBLE FOR THE SALE, SERVICE, SHIPPING AND/OR TRANSPORTATION OF ALCOHOLIC BEVERAGES.
15. Right to Monitor. Tabbi neither actively monitors general use of the Services under normal circumstances nor exercises editorial control over the content of any third party's website, e-mail transmission, news group, or other material created or accessible over or through these Services. However, Tabbi does reserve the right to monitor such use at any time as it deems appropriate and to remove any materials that, in Tabbi's sole discretion, may be illegal, may subject Tabbi to liability, may violate these Terms of Use, or are, in the sole discretion of Tabbi, inconsistent with Tabbi's purpose for these Services.
16. No Tabbi Editorial Control of Third Party Content; No Statement as to Accuracy. To the extent that any of the Content included in the Services is provided by third party content providers or other users, Tabbi has no editorial control or responsibility over such Content. Therefore, any opinions, statements, products, services or other information expressed or made available by third party suppliers or users on the Services are those of such third party suppliers or users, respectively. Tabbi does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party, or represent or warrant that your use of the Content displayed on the Services or referenced content or service providers will not infringe rights of third parties not owned by or affiliated with Tabbi.
17. Links to Third Party Websites. The Services may contain links to other sites or online services owned and operated by parties other than Tabbi (“Third Party Links”). Such Third Party Links are provided only for ready reference and ease of use. We do not control such sites or services and cannot be held responsible for their content or accuracy and do not endorse these sites or services unless we specifically so state. In the event the Services provide Third Party Links, you acknowledge and agree that Tabbi is not responsible for and is not liable for the content, products, services or other materials on or available from such websites. We accept no liability for any information, products, advertisements, content, services or software accessible through these third party websites or for any action you may take as a result of linking to any such website. Any such websites are likely to set forth specific terms of use and privacy policies that you should review. Tabbi is under no obligation to maintain any link on the Services and may remove a link at any time in its sole discretion for any reason whatsoever. Tabbi shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services or other materials available on or through any such website. Tabbi is not responsible for the privacy practices of any other websites.
18. Rules for Sweepstakes, Contests, Surveys, and Similar Promotions. Any sweepstakes, contests, raffles, surveys or other similar promotions (collectively, "Promotions") made available through the Services will be governed by specific rules that are separate from these Terms of Use. By participating in any such Promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein. Tabbi urges you to read the applicable rules, which are linked from the particular Promotion, and to review our Privacy Policy which, in addition to these Terms and Conditions of Use, governs any information you submit in connection with any such Promotions.
19. Disclaimer. Content and other information contained on the Services has been prepared by Tabbi as a convenience to its users and is not intended to constitute advice or recommendations upon which a user may rely. Tabbi has used reasonable efforts in collecting, preparing and providing quality information and material, but makes no warranty or guarantee about the accuracy, completeness, or adequacy of the Content or other information contained in or linked to the Services or any other Website maintained by Tabbi. Users relying on Content or other information from the Services do so at their own risk.
The information and descriptions contained herein are not intended to be complete descriptions of the terms, exclusions and conditions applicable to the products and services, but are provided solely for general informational purposes; please refer to the relevant product or services agreement for complete terms and conditions. Should you purchase a product or service from Tabbi or a third party, the terms and conditions applicable to that transaction will govern such entry or purchase, as applicable, and your use of the Services does not affect that purchase in any manner.
YOUR USE OF THE ONLINE SERVICES IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW ALL CONTENT, PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, AND TABBI EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, TIMELY, ACCURATE, OR ERROR-FREE OPERATION, OR FREEDOM FROM COMPUTER VIRUS OR MALICIOUS CODE. TABBI MAKES NO WARRANTY THAT THE CONTENT IS ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED.
20. Limitation of Liability
YOU UNDERSTAND AND AGREE THAT TABBI WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE ONLINE SERVICES; (B) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BYLAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE ONLINE SERVICES; (C) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (D) ANY ERRORS OR OMISSIONS IN THE ONLINE SERVICES’ OPERATION; OR (E) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PRODUCTS, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF TABBI HAS BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THE ONLINE SERVICES, PRODUCTS AND SERVICES OR CONTENT, THE COST OF OBTAINING SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY LOSS OF DATA, INFORMATION, PRODUCTS AND SERVICES OBTAINED FROM PURCHASES OR TRANSACTIONS, OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY, OR ANY OTHER MATTER RELATED TO THE ONLINE SERVICES, PRODUCTS AND SERVICES OR CONTENT, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE ONLINE SERVICES IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE TABBI AND ITS AFFILIATES DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE ONLINE SERVICES.
OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES WILL BE LIMITED TO THE AMOUNT YOU HAVE PAID FOR THE USE OF THE ONLINE SERVICES OR PRODUCTS, IF ANY, AND IF YOU HAVE PAID NO AMOUNT, THEN $50. YOU ALSO ACKNOWLEDGE AND AGREE THAT YOU HAVE VIEWED OR USED THE ONLINE SERVICES WITH A FULL UNDERSTANDING OF THE LIMITATION OF OUR LIABILITY IN THIS AGREEMENT.
BY ACCESSING THE ONLINE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
21. Indemnification. To the full extent permitted under applicable law, you agree to defend, indemnify, and hold harmless Tabbi, its affiliates, its contractors, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, reasonable attorneys’ fees and litigation expenses) relating to or arising from these Services, your use of these Services, your fraud, violation of law, or willful misconduct, and any breach by you of these Terms of Use.
22. Notices. Any notices to you from Tabbi regarding the Services or these Terms of Use will be posted on the Services or made by e-mail or regular mail.
23. Electronic Communications. When you visit the Services or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms of Use.
24. ARBITRATION CLAUSE — IMPORTANT — PLEASE REVIEW — AFFECTS YOUR LEGAL RIGHTS. EITHER YOU OR WE MAY CHOOSE TO HAVE ANY DISPUTE BETWEEN US DECIDED BY ARBITRATION AND NOT IN COURT OR BY JURY TRIAL. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
a. In accordance with this section, any dispute, claim, or controversy arising out of or relating to these Terms of Use, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms of Use to arbitrate, or relating to any of the Services shall, at your or our election, be resolved by neutral, binding arbitration and not by a court action. If federal law provides that a claim or dispute is not subject to binding arbitration, this Arbitration Clause shall not apply to such claim or dispute. Any claim or dispute is to be arbitrated by a single arbitrator on an individual basis and not as a class action. You expressly waive any right you may have to arbitrate a class action. You may choose one of the following arbitration organizations, and its applicable rules, to conduct the arbitration: JAMS (800 352-5267, www.jamsadr.com), the American Arbitration Association (800 778-7879, www.adr.org), or any other organization subject to our approval. You may get a copy of the rules of an arbitration organization by contacting the organization or visiting its website.
b. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. The arbitrator shall apply governing substantive law and the applicable statutes of limitation. Unless applicable law provides otherwise, the arbitration hearing shall be conducted in the federal district in which you reside. We will pay your filing, administration, service and case management fee, your arbitrator and hearing fee and any arbitration appeal fees you incur all up to a maximum of $5,000, unless the law requires us to pay more. The amount we pay may be reimbursed in whole or in part by decision of the arbitrator if the arbitrator finds that any of your claims are frivolous under applicable law. Each party shall be responsible for its own attorney, expert, and other fees, unless awarded by the arbitrator under applicable law. If the chosen arbitration organization’s rules conflict with this clause, then the provisions of this clause shall control. The arbitrator’s award shall be final and binding on all parties, except that you may appeal any arbitrator’s award pursuant to the rules of the arbitration organization, and we may only appeal an award against us exceeding $100,000. Any arbitration under this Arbitration Clause shall be governed by the Federal Arbitration Act (9 U.S.C. § 1 et. seq.) and not by any state law concerning arbitration.
c. You retain the right to seek remedies in small claims court for disputes or claims within that court’s jurisdiction, and we agree to reimburse your filing fees for such proceedings. You also retain the right to seek individual injunctive relief in court. Neither you nor we waive the right to arbitrate by filing suit. Any court having jurisdiction may enter judgment on the arbitrator’s award. This Arbitration Clause shall survive any termination of these Terms of Use. If any part of this Arbitration Clause, other than waivers of class action rights, is deemed or found to be unenforceable for any reason, the remainder shall remain enforceable. If a waiver of class action rights is deemed or found to be unenforceable for any reason in a case in which class action allegations have been made, the remainder of this Arbitration Clause shall be unenforceable.
25. Apple Terms of Service. You acknowledge and agree that these Terms of Use are a binding agreement between you and Tabbi, and which Tabbi is required to pass onto you by Apple: (a) these Terms of Use are between you and Tabbi only, and not with Apple, and Tabbi is solely responsible for its iOS application (the “iOS App”) and the content thereof; (b) there are additional usage rules for the iOS App by Apple, which are subject to additional restrictions set forth in the App Store Terms of Service (the “Usage Rules”) and you will comply with such Usage Rules; (c) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS App; (d) to the extent permitted by law, Apple shall have no warranty obligation whatsoever with respect to the iOS App or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the iOS App; (e) Tabbi, not Apple, is responsible for addressing any claims that you may have or any third party relating to the iOS App, your possession and/or use of the iOS App, including but not limited to: (i) product liability claims; (ii) any claim that the Services fail to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection, privacy, or similar legislation; and (iv) claims that the iOS App infringes a third party’s intellectual property rights; (f) Apple and Apple’s subsidiaries are third party beneficiaries of these Terms of Use, and Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof).
26. General Provisions
a. Entire Agreement. These Terms of Use, the Privacy Policy, and other policies Tabbi may post on the Services constitutes the entire agreement between Tabbi and you in connection with your use of the Services and the Content, and supersedes any prior agreements between Tabbi and you regarding use of the Services, including prior versions of these Terms of Use.
b. Governing Law; Jurisdiction; Venue; Severability of Provisions. The Terms of Use are governed by the laws of the State of South Carolina, USA and controlling United States Federal Law without regard to any conflicts of law provisions. Any legal proceedings arising from or relating to these Terms of Use shall be brought exclusively in the federal or state courts of South Carolina and the parties hereby consent to the personal jurisdiction and venue of such courts. All parts of these Terms of Use apply to the maximum extent permitted by law. We both agree that if any provision of these Terms of Use is found by a court of competent jurisdiction to be unenforceable as written, then that part will be replaced with terms that most closely match the intent of the unenforceable provision to the extent permitted by law. The invalidity of part of these Terms of Use will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect.
c. Class Action Waiver. To the full extent permitted by applicable law, both you and Tabbi waive the right to bring any dispute as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any dispute brought by anyone else. Notwithstanding the arbitration provision set forth above, if the provision regarding waiver of class, collective, representative, and private attorney general claims of this section is found to be void or otherwise unenforceable, any such class, collective, representative, or private attorney general claims must be heard and determined through an appropriate court proceeding, and not in arbitration.
d. Jury Waiver. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THESE TERMS, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS SECTION, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.
e. No Agency Relationship. Neither these Terms of Use, nor any Content, materials, features, or products and services of the Services create any partnership, joint venture, employment, or other agency relationship between us. You may not enter into any contract on our behalf or bind us in any way.
f. Time Limitation on Claims. You agree that any claim you may have arising out of or related to your use of the Services or your relationship with Tabbi must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
g. Remedies. You agree that any violation, or threatened violation, by you of these Terms of Use constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.