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Much of the information on Bookabottle.com is updated on a real time basis and is proprietary or licensed to BAB by its participating venues or third parties. By using the BAB Site, you agree not to:
Use any robot, spider, scraper or other automatic device, process or means to access the BAB Site for any purpose without BAB's express written permission.
Take any action that imposes or may impose (in BAB's sole discretion) an unreasonable or disproportionately large load on our infrastructure.
Implement any manual processes to monitor or copy BAB Content from the BAB Site without express written permission.
Utilize any device, software or routine that will interfere or attempt to interfere with the functionality of the BAB Site.
BookabottleTM Network Property
All rights arising under copyright, trademark, patent and other intellectual property laws in connection with the BookabottleTM website and database are the sole and exclusive property of BAB. All BAB software, webpages, databases, and related items are proprietary to BAB and are the exclusive property of BAB.
User shall not copy, display, modify, create derivative works of, publish, or sell the BAB Content or any information, software, or services provided by BAB here under.
LINKS TO THIRD PARTY SITES
The BAB Site may contain hypertext links to Web sites operated by parties other than BAB. Such hypertext links are provided for BAB's reference only and BAB does not control such Web sites and is not responsible for their content. BAB's inclusion of any hypertext links to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators.
IN NO EVENT SHALL BAB BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH (I) ANY USE OF THE SERVICES, THE BAB SITE OR THE BAB CONTENT, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF THE SERVICES OR THE BAB SITE FOR RESERVATIONS), OR (III) THE PERFORMANCE OR NON-PERFORMANCE OF ANY RESTAURANT IN CONNECTION WITH THE SERVICES. IN ADDITION, ALL USERS SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING USERS TO THE BAB 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, THE BAB SITE OR THE BAB CONTENT. BAB IS NEITHER AN AGENT OF NOR IS CONNECTED WITH ANY AFFILIATED RESTAURANT IN WHICH A USER HAS MADE A RESERVATION. ASIDE FROM THE SERVICES PROVIDED ON THE BAB SITE. BAB IS NOT LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH A USER'S VISIT TO AN AFFILIATED RESTAURANT..
DISCLAIMER OF WARRANTY
THE INFORMATION, PROGRAMS, PRODUCTS, AND MATERIALS CONTAINED IN OR ACCESSED ON THE BAB SITE, INCLUDING, WITHOUT LIMITATION, THE SERVICES AND THE BAB CONTENT, ARE PROVIDED TO USER ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. BAB DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICES, THE BAB SITE, THE BAB CONTENT AND RELATED MATERIALS PROVIDED HEREUNDER INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING.
NO 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 so transferred, assigned or delegated by
No Implied Grant. Nothing in this Agreement will grant, or be deemed to grant any right, title or interest in or to the proprietary technology, documentation, tools, software, interface, trade secrets, works of authorship, or other proprietary tools, information or materials protected by intellectual property rights held by BAB or our affiliates or licensors.
Construction. This Agreement shall be interpreted and construed in accordance with the laws of the State of New York, without regard to the principles of conflict of laws, and with the same force and effect as if fully executed and to be performed therein.
Jurisdiction. User consents to the personal jurisdiction and venue of the Supreme Court of the State of New York, County of New York, and the United States District Court for the Southern District of New York, and further consent that any process or notice of motion or other application to the Court or a Judge thereof may be served outside the State of New York by registered or certified mail or by personal service, provided a reasonable time for appearance is allowed.