Terms of Service
Last Modified: Jun 28, 2022
Acceptance of the Terms of Service
MouseWatcher is offered and available to users who are 18 years of age or older. By using MouseWatcher, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use MouseWatcher.
By placing an order with MouseWatcher, You agree to pay the total price displayed during the order creation process. If order payment fails or is withdrawn after an order is created, You acknowledge that the order will be cancelled and no services will be provided.
If You place an order with MouseWatcher, You agree to receive email notifications from MouseWatcher. You agree to receive such notifications starting at the date and time the order is placed until the date and time of the last reservation requested in the order. You can deactivate notifications by confirming you email address and creating a password to login to MouseWatcher, then editing your order to deactivate notifications. If You provide a phone number with your order, You agree to receive SMS text notifications from MouseWatcher (message and data rates may apply), and You may opt-out by replying STOP. You acknowledge that notification message volume will vary based on the number of times reservations are found matching the criteria specified in your order(s). You may not receive notifications if a matching dining reservation cannot be found that matches the criteria specified in your order(s).
You will only receive promotional messages from MouseWatcher if You have opted in. You may opt out of promotional messages at any time via the unsubscribe link included in messages, logging in and opting out in your profile, or by contacting MouseWatcher directly. MouseWatcher user data and order data is never sold to any third parties for the purposes of promotions, sales, advertising, etc.
Changes to the Terms of Service
We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of MouseWatcher thereafter.
Your continued use of MouseWatcher following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Accessing MouseWatcher and Account Security
We reserve the right to withdraw or amend MouseWatcher, and any service or material we provide on MouseWatcher, in our sole discretion without notice. We will not be liable if for any reason all or any part of MouseWatcher is unavailable at any time or for any period. From time to time, we may restrict access to some parts of MouseWatcher, or the entirety of MouseWatcher, to users, including registered users.
You are responsible for both:
- Making all arrangements necessary for you to have access to MouseWatcher.
- Ensuring that all persons who access MouseWatcher through your internet connection are aware of these Terms of Service and comply with them.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to MouseWatcher or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.
Intellectual Property Rights
MouseWatcher and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Service permit you to use MouseWatcher for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on MouseWatcher, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
You must not:
- Modify copies of any materials from this site.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of MouseWatcher or any services or materials available through MouseWatcher.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of MouseWatcher in breach of the Terms of Service, your right to use MouseWatcher will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to MouseWatcher or any content on MouseWatcher is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of MouseWatcher not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.
The Company name, the term MouseWatcher, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on MouseWatcher are the trademarks of their respective owners.
You may use MouseWatcher only for lawful purposes and in accordance with these Terms of Service. You agree not to use MouseWatcher:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of MouseWatcher, or which, as determined by us, may harm the Company or users of MouseWatcher, or expose them to liability.
Additionally, you agree not to:
- Use MouseWatcher in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of MouseWatcher, including their ability to engage in real time activities through MouseWatcher.
- Use any robot, spider, or other automatic device, process, or means to access MouseWatcher for any purpose, including monitoring or copying any of the material on MouseWatcher.
- Use any manual process to monitor or copy any of the material on MouseWatcher, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of MouseWatcher.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of MouseWatcher, the server on which MouseWatcher is stored, or any server, computer, or database connected to MouseWatcher.
- Attack MouseWatcher via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of MouseWatcher.
Reliance on Information Posted
The information presented on or through MouseWatcher is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to MouseWatcher, or by anyone who may be informed of any of its contents.
Information About You and Your Visits to MouseWatcher
Linking to MouseWatcher and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
No Ideas Accepted
We do not accept any unsolicited ideas to our services from outside the Company, including, without limitation, suggestions about advertising or promotions, merchandising of any products, additions to our services, or changes in methods of doing business. We may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas. If, notwithstanding this policy, you submit an unsolicited idea, you understand and acknowledge that such idea is not submitted in confidence and we assume no obligation, expressed or implied, by considering it. You further understand that we shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to us. Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, and or to the extent necessary for MouseWatcher to utilize your submission, you hereby grant MouseWatcher an irrevocable, perpetual, world-wide license to use the idea and any associated intellectual property in any manner, in any medium now known or hereafter developed, without compensation to you.
When you use the MouseWatcher services, MouseWatcher’s role is to provide our platform to help connect You with certain restaurant reservations. Please note that MouseWatcher does not provide, endorse, or guarantee any third-party product, service or information. MouseWatcher is not affiliated with the third parties featured within, or utilized as part of, the services and is not responsible for their products and services.
Links from MouseWatcher
If MouseWatcher contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to MouseWatcher, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or MouseWatcher will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF MouseWatcher OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF MouseWatcher, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH MouseWatcher IS AT YOUR OWN RISK. MouseWatcher, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH MouseWatcher ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT MouseWatcher, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT MouseWatcher OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, MouseWatcher, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of MouseWatcher, including, but not limited to, any use of MouseWatcher’s content, services, and products other than as expressly authorized in these Terms of Service, or your use of any information obtained from MouseWatcher.
Governing Law and Jurisdiction
All matters relating to MouseWatcher and these Terms of Service, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Arkansas without giving effect to any choice or conflict of law provision or rule (whether of the State of Arkansas or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or MouseWatcher shall be instituted exclusively in the federal courts of the United States or the courts of the State of Arkansas, in each case located in the City of Little Rock and County of Pulaski, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
At Company’s sole discretion, it may require You to submit any disputes arising from these Terms of Service or use of MouseWatcher, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Arkansas law.
Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.