Terms of Use
Last updated September 19, 2023
These Terms of Use (the “Terms”) constitute a binding legal agreement between Tock LLC (“Tock,” “we” or “us”) and any person (“Tock Users” or “you”) who visits or browses www.exploretock.com and any predecessor or successor websites established by Tock which reference the Terms, registers or signs up for an account with Tock, or downloads, installs, or uses any Tock applications (collectively, the “Tock Applications”). The Terms govern Tock Users’ use of www.exploretock.com, any predecessor or successor websites established by Tock which reference these Terms, any Tock applications and any Content (as defined below) available through such websites or applications (collectively, the “Site”). By using, visiting or browsing the Site, or by registering or signing up for an account with Tock, you hereby accept, acknowledge and agree to be bound by these Terms and represent and warrant that you have the right, authority and capacity to enter into these Terms. If you do not want to be governed by these Terms, you must exit this page immediately and not use, visit or browse the Site or register or sign up for an account with Tock.
Changes to the Terms of Use and the Site
We may modify these Terms at any time in our sole discretion. We indicate at the top of the page when these Terms were last modified or updated. Your continued access or use of the Site and/or your account following such changes constitutes and signifies your full acceptance of such changes.
If we make material changes to the Terms, we will notify you through a notice on the Site homepage and/or an email. You are responsible for periodically visiting the Site and the Terms to check for any changes. If you choose to opt-out of our revised Terms, you must stop accessing and using the Site immediately. For avoidance of doubt, claims or disputes brought under these Terms will be resolved in accordance with the dispute resolution provisions of these Terms in effect at the time the claim or dispute is filed.
We may also modify the Site at any time in our sole discretion by removing from, adding to or modifying the Site. We shall have no liability to you for any such modifications. Your continued access or use of the Site and/or your account following such changes constitutes and signifies your full acceptance of such changes.
Reservations, Purchase and Payment
The Site is a platform on which you may (i) make a reservation, (ii) place an order for pick-up or delivery, (iii) join a waitlist, (iv) place or pay for an order in-person, (v) or create any other booking available to you through Tock (each, a “Tock Reservation”) at a restaurant, bar, winery or other venue (a “Tock Customer”). Once you have completed a Tock Reservation, we will send you an email confirmation including a unique confirmation number. If required by a Tock Customer, you must present your confirmation number and the credit card you used to make the Tock Reservation, if any, before you are served or you receive delivery. If your Tock Reservation involves alcohol, you must also present a valid ID, which shows that you are above the minimum legal drinking age of the applicable jurisdiction, before you are served alcohol or you receive delivery of alcohol.
Pricing for Tock Reservations is variable and depends on a number of factors, including but not limited to the cost and length of a menu, the time and day of the week of your Tock Reservation and the type of beverage pairings you select. Tock Customers may change the pricing for and availability of any Tock Reservation at any time with or without notice, including adding additional Tock Reservations. Tock accepts several methods of payment to accommodate your needs. Tock reserves the right to (i) honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; (ii) bar any Tock User from making any or all Tock Reservations; and (iii) refuse to provide any Tock User with any experience or item.
YOU ACKNOWLEDGE AND AGREE THAT, JUST LIKE A SPORTING EVENT, CONCERT OR THEATER TICKET, TOCK RESERVATIONS FOR MANY TOCK CUSTOMERS ARE FINAL, NON-REFUNDABLE AND NON-EXCHANGEABLE. BEFORE YOU COMPLETE A TOCK RESERVATION, YOU ARE RESPONSIBLE FOR REVIEWING THE TOCK CUSTOMER’S CANCELLATION POLICY ON THE CHECKOUT PAGE. ALL PURCHASES ARE SUBJECT TO TOCK’S SERVICE FEES AND CHARGES, WHICH ARE ALSO NON-REFUNDABLE. YOU WILL BE RESPONSIBLE FOR PROVIDING FUNDS TO TOCK FOR ALL APPLICABLE TAXES IN CONNECTION WITH YOUR PURCHASE OF A TOCK RESERVATION.
Your Tock Reservation is transferable. However, you should be aware that selling tickets for greater than face value may be illegal in your jurisdiction. If you purchase a Tock Reservation on the secondary market, you do so at your own risk. Tock is not responsible for forgeries or misrepresentations.
Unlawful resale (or attempted unlawful resale), counterfeiting or copying of a Tock Reservation is grounds for the seizure and cancellation of such Tock Reservation and any other Tock Reservation that has been made by you, without compensation to you. In addition, Tock reserves the right to restrict or deny Tock Reservation purchasing privileges to anyone that Tock determines to be, or has been, in violation of these Terms. Because Tock does not guarantee the authenticity of Tock Reservations purchased from any third- party reseller (including but not limited to brokers or other Tock Users), Tock recommends that you purchase Tock Reservations directly through Tock. Tock Reservations may not be used for advertising, promotions, contests or sweepstakes without the prior written consent of a duly authorized representative of Tock or the applicable Tock Customer.
If you wish to purchase a Tock Reservation, you will be asked by Tock or a third party to supply certain information, including without limitation your name, contact information and credit card information (“Personal Information”). You agree that all Personal Information that you provide to Tock or such third party will be accurate, current and complete. You agree to pay all charges incurred by you or any users of your account and credit card (or other payment mechanism) at the prices in effect when such charges are incurred, including any applicable service charges. You will also be responsible for paying any applicable taxes relating to the Tock Reservation. You represent and warrant that you have the legal right to use any credit card or other payment mechanism used in any Tock Reservation. By submitting such Personal Information, you grant Tock the right to provide such Personal Information to a third party for the purposes of facilitating the completion of a Tock Reservation. Verification of Personal Information may be required prior to the completion of any Tock Reservation. Payments you make to Tock Customer may be submitted to Tock, as Tock Customer’s payment collection agent, solely for the limited purpose of accepting and processing payments from you. The delivery of your payment to Tock, which is acting as Tock Customer’s agent, shall satisfy your obligations to the Tock Customer. Once such a payment is received by Tock on Tock Customer’s behalf, Tock Customer has authorized Tock to electronically credit the funds into the bank account designated by Tock Customer. In the event that Tock does not remit any such amounts, Tock Customer will have recourse only against Tock and not against you directly.
Descriptions or images of, or references to, experiences and items on the Site do not imply Tock’s endorsement of such experiences and items. Tock does not warrant that descriptions or images of, or references to, experiences and items are accurate, complete, reliable, current or error-free. Tock reserves the right, without prior notice, to change such descriptions, images or references.
Tock Customer FAQs
BEFORE YOU COMPLETE A TOCK RESERVATION, YOU ARE RESPONSIBLE FOR REVIEWING ALL OF THE TOCK CUSTOMER’S “FAQS” ON THE SITE. A TOCK CUSTOMER’S “FAQS” MAY CONTAIN ADDITIONAL RULES AND RESTRICTIONS RELATED TO YOUR TOCK RESERVATION, INCLUDING BUT NOT LIMITED TO (I) REFUND AND EXCHANGE POLICIES; (II) LIMITATIONS ON SEATING CAPACITY; (III) LIMITATIONS ON THE ORDER QUANTITY OF ANY EXPERIENCE OR ITEM; AND (IV) LIMITATIONS ON THE ABILITY TO ACCOMMODATE DIETARY RESTRICTIONS. BY COMPLETING A TOCK RESERVATION, YOU ACCEPT, AGREE TO AND ACKNOWLEDGE THE TOCK CUSTOMER’S “FAQS.”
Privacy and Personal Information
We are committed to protecting the privacy of the Personal Information of Tock Users. Any information submitted on the Site is subject to our Privacy Policy, the terms of which are incorporated herein by reference.
Accounts
In order to use or access some features of the Site (including without limitation the making of a Tock Reservation), you will be required to create an account with us. In creating your account, you certify that all information you provide is complete and accurate. You agree to update such information when required or requested, and you further agree not to use another person’s account without permission. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept sole responsibility for all activities that occur under your account or password. You agree to notify us immediately of any breach of security or unauthorized use of your account by emailing our Privacy Officer at privacy@tockhq.com. We shall not be liable for any losses, damages, liabilities or expenses caused by any unauthorized use of your account, and you agree to indemnify us for any such unauthorized use.
By accepting these Terms and completing the account registration process, you represent that you are 18 years of age or older. To make a Tock Reservation that includes alcohol, be served alcohol or receive delivery of alcohol, or use any Site functionality related to alcohol, you must be the minimum legal drinking age in the applicable jurisdiction. If you are establishing an account on behalf of a company or other entity, the term “you” includes both you as an individual as well as such company or other entity. In addition, you represent and warrant that you have the authority to bind such company or entity, and that such company or entity has authorized you to accept these Terms on its behalf.
NOTE: The Site is not intended for minors. Pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the two websites The Internet Education Foundation (https://www.neted.org/) and OnGuard Online (http://onguardonline.gov/). Tock does not endorse any of the products or services listed at such websites.
Third-Party Websites
If you click on a link to a third-party website, you will leave the Site and go to the website you selected. We do not own or operate any third-party websites, and we have not reviewed, and cannot review, all of the material, including goods or services, made available through such third-party websites. The availability of these links on this Site does not represent, warrant or imply that we endorse any third-party websites or any materials, opinions, goods or services available on them. Third-party materials accessed through or used by means of the third-party websites may also be protected by copyright and other intellectual property laws. These Terms do not apply to third-party websites. Before visiting a third-party website by means of this Site or a link located on this Site, Tock Users should review such third-party website’s terms and conditions, privacy policy and all other website documents, and inform themselves of the regulations, policies and practices of such third-party website. You agree that Tock shall have no liability for, and you hereby release Tock from any claims, damages, obligations, losses, liabilities, costs or expenses arising from, your use of any third-party website.
Electronic Communications
Tock generally communicates with Tock Users by electronic means, including but not limited to email, text and push notifications, in accordance with our Privacy Policy.
Further, you hereby agree that all notices, disclosures, agreements and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Site Restrictions
We grant you permission to use the Site solely as set forth in these Terms. Without the prior written consent of a duly authorized representative of Tock, you will not (i) copy or distribute any part of the Site in any medium; (ii) alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose; or (iii) dissemble, decompile or reverse engineer any part of the Site.
Robots, spiders, scripts, scrapers, crawlers, and all similar technologies are strictly prohibited. You agree not to use or provide software (except for general purpose web browsers and email clients, or software expressly licensed by us) or services that circumvent, interact, or interoperate with our Site in ways that are prohibited by these Terms.
You acknowledge and agree that your communications with other Tock Users and your postings to the Site, including feedback, via chats, conferences, and any other avenues of communication on the Site, if any (collectively, “Contributions”), are public and not private communications. There are risks, including but not limited to the risk of physical harm, of dealing with strangers, including persons who may be acting under false pretenses. Therefore, we strongly encourage you not to disclose any Personal Information in such Contributions. We are not responsible for information that you choose to communicate to other Tock Users of the Site, or for the actions of other Tock Users. You assume all risks associated with coming into contact with other Tock Users through the Site. Once you post or send a Contribution, you expressly grant Tock a perpetual, irrevocable, assignable, transferable, royalty-free right and license to quote, re-post, use, reproduce, modify, create derivative works of, distribute, transmit, broadcast, communicate and publicly display and perform such Contribution in any form, anywhere and without any notice or compensation to you of any kind, and you hereby grant all consents, rights and clearances to enable Tock to use such Contribution for such purposes, including but not limited to the right to use the name that you submit in connection with such Contribution.
For the avoidance of doubt, you are entirely responsible for the material included in, and any harm resulting from, your Contributions. We have the right, but not the obligation, to remove any Contributions that we deem to be objectionable for any reason, but we do not regularly review Contributions. We have the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting a Contribution. Accordingly, we assume no liability for any action or inaction regarding Contributions.
When you create or make available a Contribution, you represent and warrant that you (i) own or have sufficient rights to post your Contributions, on or through this Site, (ii) have fully complied with any third- party licenses relating to Contributions, and (iii) agree to pay all royalties, fees and any other monies owing any person by reason of Contributions that you posted to or through this Site.
You agree not to:
(a) use the Site to or post Contributions that violate our or any other person’s privacy rights, publicity rights, intellectual property rights (including without limitation copyrights) or contract rights;
(b) use the Site in any way that is or post Contributions that are unlawful, obscene, vulgar, defamatory, abusive, damaging, disruptive, inappropriate, offensive, inaccurate, pornographic, vulgar, indecent, profane, hateful, racially or ethnically offensive, obscene, lewd, lascivious, filthy, threatening, excessively violent, harassing or otherwise objectionable;
(c) use the Site to or post Contributions that (i) incite, encourage or threaten unlawful acts; (ii) promote racism, bigotry, sexism, religious intolerance or harm against any group or individual; or (iii) solicit Personal Information from anyone under 18 or exploit anyone in a sexual or violent manner;
(d) use or exploit the Site or post Contributions for any commercial purpose, including but not limited to posting Contributions that contain advertisements, publicity or solicitation for products or services (other than Tock’s products and services);
(e) use the Site or post Contributions for any unauthorized purpose including collecting or harvesting any Personal Information, including but not limited to email addresses of other Tock Users, by electronic or other means for any purpose, including but not limited to sending unsolicited email or other electronic communications or engaging in unauthorized framing of, or linking to, this Site without our express written consent;
(f) use the Site or post Contributions to transmit chain letters, bulk or junk email or interfere with, disrupt, or create an undue burden on this Site or the networks or services connected to this Site, including without limitation hacking into this Site, or using the system to send unsolicited or commercial emails, bulletins, comments or other communications;
(g) use the Site to or post Contributions that install or attempt to install or promote, or post Contributions that constitute or contain, spyware, malware or other computer code, whether on our or others’ computers or equipment, designated to enable you or others to gather information about or monitor the on-line or other activities of another party;
(h) use the Site to or post Contributions that impersonate any other person or entity, sell or let others use your profile or password, provide false or misleading identification or address information, or invade the privacy, or violate the personal or proprietary right, of any person or entity; or
(i) use the Site to or post Contributions that inhibit other Tock Users from using or enjoying the Site.
NOTE: The use by you, or anyone authorized by you, of machines, computers, scripts or any automated system on the Site is strictly prohibited and may result in criminal liability under the Computer Fraud and Abuse Act, Section 1030 of the United States Code and/or under applicable laws in other jurisdictions.
Downloading, Installing and Using the Tock Applications from the Apple Inc. (“Apple”) App Store (the “App Store”)
You acknowledge that these Terms are a binding legal contract between you and Tock only, and not with Apple, and that Tock, not Apple, is solely responsible for the Tock Applications and the content thereof.
You may only use the Tock Applications on an Apple product(s) that you own or control and as permitted by the “Usage Rules” set forth in the terms of service applicable to the App Store.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Tock Applications.
In the event of any failure of the Tock Applications to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Tock Applications to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Tock Applications.
You acknowledge that Tock, not Apple, is responsible for addressing any of your claims, or claims of any third party, relating to the Tock Applications or your possession and/or use of the Tock Applications, including, but not limited to: (i) product liability claims; (ii) any claim that the Tock Applications fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You acknowledge that, in the event of any third party claim that the Tock Applications or your possession and use of the Tock Applications infringe that third party’s intellectual property rights, Tock, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
You represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You must comply with any applicable third party terms of agreement when using the Tock Applications.
You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
Intellectual Property Rights
The content on the Site, including without limitation the text, software, manuscripts, graphics, photos, sounds, music, videos, interactive features, Contributions and the like (collectively, “Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Tock, subject to copyright, trademark and other intellectual property rights under United States and foreign laws and international conventions. Content on the Site is provided to you “AS IS” and “AS AVAILABLE” for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any other purpose whatsoever without the prior written consent of the respective owners.
We reserve all rights not expressly granted in and to the Site or the Content. Specifically, any and all intellectual property rights associated with the Site and Content, including without limitation any inventive concepts, know how, publicity rights, trademarks, trade dress, trade secrets, copyrights and patents and patent rights, are the sole and exclusive property of Tock. You agree not to engage in the use, copying or distribution of any Content other than as expressly permitted herein, including any use, copying, or distribution of Contributions of third parties obtained through the Site, for any commercial purpose. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site or the Content therein.
Disclaimers
You expressly agree that your use of the Site shall be at your sole risk. To the fullest extent permitted by law, Tock, our affiliates, and our respective officers, directors, employees and agents disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, in connection with the Site, the Content and your use thereof. Tock makes no warranties or representations about the accuracy or completeness of the Site or the Content, or the content of any third-party websites linked to the Site, and assumes no liability or responsibility for any (i) errors, mistakes, omissions, or inaccuracies of the Site or the Content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Site, (iii) any unauthorized access to or use of our secure servers and/or any and all Personal Information and/or financial information stored therein, (iv) interruption or cessation of transmission to or from the Site, (v) bugs, viruses, trojan horses, or the like which may be transmitted to or through the Site, and/or (vi) loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available via the Site.
Tock provides a platform for Tock Users, Tock Customers and/or other participants (collectively, the “Participants”) to negotiate and complete Tock Reservations (each, a “Transaction”). Because Tock is not involved in the actual Transaction between the Participants, Tock does not warrant, endorse, guarantee or assume responsibility for any experience or item advertised or offered through the Site. If a dispute arises between one or more Participants, each Participant releases Tock and our affiliates (and our respective employees, directors, agents and representatives) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL TOCK, OR OUR AFFILIATES, OR OUR RESPECTIVE EMPLOYEES, DIRECTORS, AGENTS AND REPRESENTATIVES, BE LIABLE TO YOU FOR (I) TOTAL, CUMULATIVE DAMAGES, LOSSES OR OTHER AMOUNTS OF ANY KIND IN EXCESS OF THE AMOUNTS PAID BY YOU TO TOCK IN CONNECTION WITH THE SITE IN THE THREE (3) MONTH PERIOD PRECEDING THE APPLICABLE CLAIM; OR (II) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM YOUR USE OR ACCESS OF THE SITE OR CONTENT (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE. BECAUSE THE LAWS OF SOME STATES MAY NOT ALLOW FOR THE EXCLUSION OF CERTAIN DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Indemnification
You agree to defend, indemnify and hold harmless Tock, our affiliates, and our respective officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees and court costs) arising from: (i) your use and access of the Site or Content; (ii) your violation of these Terms; (iii) your violation of any third-party right, including without limitation, any copyright, property or privacy right; or (iv) any claim that your Contributions cause damages to a third party or infringe upon a third party’s intellectual property or other proprietary rights. Tock shall have the right, but not the obligation, to participate in the defense of such actions with the counsel of its choosing. This defense and indemnification obligation will survive these Terms.
Termination
You agree that Tock, in our sole discretion, may terminate your use of the Site and any service provided through the Site, and may remove and discard any Content at any time, for any reason and without notice. Further, you agree that Tock shall not be liable to you or any third party for any such termination. The provisions of these Terms which by their nature survive termination of these Terms shall so survive, including without limitation the Sections entitled “Third-Party Websites,” “Site Restrictions,” “Intellectual Property Rights,” “Disclaimers,” “Limitation of Liability,” “Indemnification” and “Disputes.”
Controlling Law; Judicial Forum For Disputes
These Terms shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions, except that the Federal Arbitration Act (“FAA”) shall prevail to the extent that there exists any conflict between the FAA and the laws of the State of Illinois with respect to the Section titled “Arbitration; Dispute Resolution.” For any disputes not subject to arbitration about or involving the Site, the Content provided on or through the Site, or these Terms, you and Tock agree to personal jurisdiction by and venue in the state and federal courts in Cook County, Illinois.
Arbitration; Dispute Resolution
Informal Resolution. Before filing a claim against Tock, you agree to try to resolve the dispute by first emailing legal@squarespace.com with a description of your claim and proof of your relationship with Tock. We'll try to resolve the dispute informally by following up via email, phone or other methods. If we can’t resolve the dispute within sixty (60) days of our receipt of your first email, you or Tock may then bring a formal proceeding.
Arbitration Agreement. Unless you opt-out during the Opt-Out Period in accordance with this Section, you and Tock agree to resolve any claims, disputes and matters arising out of or in connection with these Terms (including without limitation its existence, formation, operation and termination) and/or the Site (including without limitation non-contractual disputes and matters) through final and binding arbitration and you and Tock expressly waive the right to formal court proceedings (including without limitation trial by jury), except as set forth in this Section. 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. There is no judge or jury in arbitration, only an experienced, independent third party that will act as the arbitrator, and court review of an arbitration award is limited.
The Arbitrator’s Rights. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator further has the right to impose sanctions, in accordance with the NAM Rules (as defined below), including for: (a) any frivolous claims or submissions the arbitrator determines have not been filed in good faith; or (b) a party’s failure to comply with this Section. For avoidance of doubt, the right to impose sanctions includes the right to shift arbitration fees if permitted by the NAM Rules.
Sufficiency of Information In An Arbitration Demand Or Counterclaim. Any arbitration demand or counterclaim asserted by either party must contain sufficient information to provide fair notice to the other party of the asserting party’s identity, the claims being asserted and the factual allegations on which those claims are based, and must include proof that the claimant is party to these Terms. The arbitrator may require amendment of any demand or counterclaim that does not satisfy these requirements. The arbitrator has the right to impose sanctions for any claims the arbitrator determines to be frivolous or improper (under the standard set forth in Federal Rule of Civil Procedure 11), including for any claim filed on behalf of a claimant who is not a party to these Terms.
Arbitration Opt Out. You can decline this agreement to arbitrate by emailing us at arbitration-opt-out@tockhq.com within thirty (30) days of the date that you first agree to these Terms (“Opt-Out Period”). Your email must be sent from the email address you use for your account, and must include your full name, residential address and a clear statement that you want to opt out of arbitration. If you opt out of arbitration pursuant to this Section, then the paragraphs in this Section with the following headings do not apply to you: “Arbitration Agreement,” “The Arbitrator’s Rights,” “Sufficiency of Information In An Arbitration Demand Or Counterclaim,” “Arbitration Procedures,” and “Arbitration Fees.” This opt-out doesn’t affect any other part of these Terms, including without limitation the Sections of these Terms titled “Controlling Law; Judicial Forum For Disputes” and “Class Waiver.” If you have any questions about this process, please contact legal@squarespace.com.
Arbitration Procedures. The arbitration will be administered by National Arbitration and Mediation (“NAM”) and resolved before a single arbitrator. If NAM is not available to arbitrate, you and Tock will mutually agree on an alternative arbitration provider. Except as modified by this Section, NAM will administer the arbitration in accordance with its dispute resolution rules and procedures in effect at the time any demand for arbitration is filed (the “NAM Rules”), including without limitation NAM’s Comprehensive Dispute Resolution Rules and Procedures, the Mass Filing Dispute Resolution Rules and Procedures and any other rules and procedures relating to mass arbitration filings, but excluding any rules or procedures governing or permitting class or representative actions. The NAM Rules are available at www.namadr.com or by emailing National Arbitration and Mediation’s Commercial Dept at commercial@namadr.com. Each party is responsible for its own attorneys’ fees, except to the extent otherwise provided by the NAM Rules, the arbitrator and/or applicable law. The arbitrator must follow these Terms and can award the same damages and relief as a court (including without limitation reasonable attorneys’ fees and costs), except that the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. The “arbitrator” as used in this Section shall be understood to include NAM. You and Tock agree that: (aa) these Terms affect interstate commerce, so the US Federal Arbitration Act and federal arbitration law apply and govern the interpretation and enforcement of this Section; and (bb) any arbitration hearings shall occur at a location to be agreed upon in Cook County, Illinois, be administered by NAM in English, and shall be settled by one (1) commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of NAM arbitrators in accordance with the NAM Rules.
Arbitration Fees. The NAM Rules will govern payment of all arbitration fees. We won’t seek our attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous. You and Tock agree that NAM has discretion where it deems appropriate to reduce the amount or modify the timing of any administrative or arbitration fees due under the applicable NAM Rules where it deems appropriate, provided that such modification does not increase the costs to you, and you further agree that you waive any objection to such fee modification. You and Tock also agree that a good faith challenge by either party to the fees imposed by NAM does not constitute a default, waiver, or breach of this Section while such challenge remains pending before an arbitrator and/or a court of competent jurisdiction, and that any and all due dates for those fees shall be tolled during the pendency of such challenge.
Class Waiver
You agree to litigate or arbitrate solely on an individual basis, and that these Terms do not permit class, collective, consolidated or representative action, including without limitation class arbitration or any claims brought as a plaintiff or class member in any class or representative litigation or arbitration proceeding. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding, except to the extent Tock in our sole discretion consents in writing. The arbitral tribunal has no power to rule on the validity or enforceability of the agreement to arbitrate solely on an individual basis.
Site Management
We may, but are not required to, (a) update the Content on the Site from time to time; (b) collect and log Tock User access information or monitor or review this Site for violations of these Terms and for compliance with our policies; (c) report to law enforcement authorities and/or take legal action against anyone who violates these Terms; (d) refuse or restrict access to or the availability of the Site, or remove or disable (to the extent technologically feasible) any Contribution or any portion thereof that may violate these Terms, the law or any of our policies or are excessive in size or burdensome without prior notice to you; and/or (e) manage this Site in a manner designed to protect our and third parties’ rights and property or to facilitate the proper functioning of this Site. Without limiting any other provision of the Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of this Site to any person for any reason or for no reason at all, including without limitation for breach of any representation, warranty or covenant contained in the Terms, or of any applicable law or regulation.
Marketplace Facilitator and Collection of Sales and Use Tax
Tock is a “marketplace facilitator” that provides a platform for Tock Customer and Tock Users to negotiate and complete transactions. A marketplace facilitator is commonly defined under various state laws as a business that contracts with third party sellers to promote the sale of physical property, digital goods, and/or services owned and supplied by a third party through an online website. As a marketplace facilitator, Tock is responsible for calculating, collecting, and remitting sales and use tax, and, when appropriate, refunding all or a portion of the sales and use tax, all where and when required, on behalf of Tock Customer. Tock will remit sales and use taxes collected from the Tock Users directly to the tax authority, according to applicable statutory and regulatory requirements.
You are responsible for providing sufficient funds to Tock to allow it to fulfill its obligation to collect and remit state and local sales and use tax where applicable.
Miscellaneous
These Terms constitute the entire agreement between you and Tock with respect to your use of the Site or any Content, experiences or items provided through the Site, and supersedes any other agreement between you and Tock with respect to the subject matter hereof. No waiver of any provision or condition of these Terms by Tock shall be binding upon Tock unless confirmed in writing signed by a duly authorized officer of Tock. No failure by Tock to exercise and no delay by Tock in exercising any right, remedy, privilege or power under or pursuant to these Terms will operate as a waiver thereof; nor will any single or partial exercise of any right, remedy, privilege or power provided for under or pursuant to these Terms by Tock preclude or limit Tock from any other or further exercise thereof or from pursuing any other right, remedy, privilege or power available pursuant to these Terms, or at law or in equity. If any provision of these Terms is found to be unenforceable, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions shall continue in full force and effect. Headings used in these Terms are for convenience of reference only and shall not be deemed a part of these Terms.
By using any of the Tock Applications, you also agree to be bound by the Gift Card Terms and Conditions, linked here.