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Hospitality Engagement Corporation, d/b/a Wheedle (“Wheedle”) offers an interactive service (the “Service”) for matching potential consumers with Merchants (“Merchants”) of dining and entertainment events (each, an “Event”) through a web and mobile application (the “Wheedle App”).  Visitors browsing the Wheedle App, users who register for an account, users who do not register but book tickets through the Wheedle App and Merchants (collectively, “Users”) are each bound by these Terms of Use.  By using this Wheedle App, you are agreeing that you have read, and understood, and agree to comply with and be bound by these Terms of Use (the “Agreement”).   (“Affiliates” means any Party’s affiliated and related entities and subsidiaries, and all of their agents, officers, directors and employees.) Please review the following terms carefully.

  1. Process Overview

WHEEDLE PROMOTIONS:  Wheedle provides information about dining establishments, special offers and related features (“Wheedle Promotions”).  Unless indicated otherwise, you need not “book” a Wheedle Promotion in order to visit the establishment but in some cases you may opt to save it in your account under the “Plans” feature.

TICKET SALES: Wheedle also provides its Users access to tickets to special events. In some cases, processing fees are added to the total, as described below.

PLEASE NOTE: Wheedle does not guarantee that details provided by Merchants regarding Wheedle Promotions and ticketed events are accurate or complete. Wheedle does not review or approve information provided by Merchants and Merchants reserve the right to substitute goods and services of a higher value in the event a change is required.

  1. Fees

Credit card sales are processed via secure third party processors as set forth on the relevant ticket payment page.

Fees charged may not reflect the standard fees for a particular event, as service charges (reflecting processor fees) and transaction fees (reflecting handling) are added by Wheedle.  In addition, your payment processor (e.g. credit card company or bank) may charge its own fees, which Wheedle cannot control.  Ticket fees are subject to change at any time.

Ticket sales are final and are non-transferable, however, you may make special requests directly to a Merchant, which may have its own refund policies posted on the ticketed event site. Wheedle is not liable if a Merchant fails to issue a refund and Wheedle has no obligation to refund service and transaction fees. See Section 14 regarding Event Cancellation.

  1. User Guidelines

By using the Wheedle App, you represent that will comply with the guidelines set forth below.

You represent, warrant, and agree that you:

 

a. are over the age 18, and will not enter Merchant venues where entry may violate the law or a Merchant’s policies (e.g. those under 21 may not enter certain venues);

b. will use the Wheedle App only for lawful purposes and will not violate any applicable local, state, federal and international law, rule or regulation applicable to the Services and the Event;

c. will use the Wheedle App only for its intended purposes;

d. will provide only truthful and accurate information to Wheedle;

e. will not disrupt this Service, interfere with any other User’s use of the Wheedle App, interfere with or compromise the security of the Wheedle App;

f. will not 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.

Wheedle reserves the right to prohibit any conduct that it deems to be inappropriate and to remove or edit any Content, in its sole discretion.

Wheedle may, but is not required to: (a) monitor or review the Wheedle App for violations of this Agreement and/or for compliance with Wheedle’s policies; (b) report to law enforcement authorities and/or take legal action against anyone who violates this Agreement; and/or (c) manage the Wheedle App in a manner designed to protect the rights and property of Wheedle and others or to facilitate the proper functioning of the Wheedle App.

WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, WHEEDLE RESERVES THE RIGHT TO, IN WHEEDLE’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY DENY ACCESS TO AND USE OF THE SERVICE 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 THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION. IN THE EVENT OF BREACH OF THIS AGREEMENT BY A USER, WHEEDLE AND/OR MERCHANT WILL BE UNDER NO OBLIGATION TO HONOR ANY PROMOTIONS.

If you register for an account through Facebook or other social media site account (“Social Account”), you represent that you are entitled to disclose such Social Account information without breach by you of any of the terms and conditions that govern your use of the applicable Social Account and without making Wheedle subject to any usage limitations imposed by such third-party service providers. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR SOCIAL ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND WHEEDLE DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS.

  1. Copyright, Trademark and Intellectual Property

“Wheedle,” “Hospitality Engagement Corporation,” the Wheedle logo and other marks, page headers, scripts, logos, and button icons are either registered trademarks, trademarks, trade names, service marks, or otherwise protected property of Wheedle and may not be used, copied or imitated without the prior written consent of Wheedle. Other trademarks, trade names, company names, service marks and otherwise protected property displayed on the Wheedle App are the property of their respective owners and are subject to the terms and conditions applied by those owners to their intellectual property.

All Content (including, without limitation, any computer code, images, video and audio and streaming files, navigation schemes and layout comprising this Wheedle App) is owned by or licensed to Wheedle. The copyright in and to this Wheedle App is owned by Wheedle. Wheedle retains and reserves all rights in and to this Wheedle App and all Content. Wheedle grants you a limited non-transferable license to use and display on your own equipment (e.g. mobile devices) the Content on this Wheedle App for your personal use only. Such permission terminates automatically if you breach this Agreement and is otherwise revocable at Wheedle’s discretion. The reproduction, distribution, transmission, display, or use of this Wheedle App and any Content is prohibited without the prior written consent of Wheedle.

  1. Indemnification

User will indemnify, defend and hold harmless Wheedle and Wheedle Affiliates, against any claims, lawsuits, allegations, and investigations, and any related damages, losses, expenses, and penalties (including attorney fees) arising out of or in connection with (i) any breach or alleged breach by User of this Agreement or of the representations and warranties herein (ii) any act or omission relating to the Services and/or (iii) any violation of law or regulation. Wheedle shall have the right to participate in the defense of a claim with counsel of Wheedle’s choice at Wheedle’s expense. Merchant shall not, without the express written consent of Wheedle, settle or compromise any claim, or consent to the entry of any judgment that imposes any liability or obligation upon Wheedle or admit to any wrongdoing on the part of Wheedle.

Wheedle is not responsible for disputes between Users and Merchants. In the event of a User dispute, you release Wheedle and its affiliates from claims, demands, and damages of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. You hereby waive any protections (whether statutory or otherwise) that would otherwise limit this release to include only those claims which you may know or believe exist in your favor at the time of agreeing to this provision.

  1. Merchant and Third Party Content

Wheedle displays Content supplied by Merchants, Users and other third parties on its Wheedle App. Wheedle maintains no editorial control over this Content. The Wheedle App does not constitute and should not be regarded as an endorsement or recommendation of Event quality. Each Merchant is responsible at all times for the accuracy, completeness and correctness of the information about services presented via the Wheedle App. Each User is responsible for reading all details before entering into a transaction and Wheedle recommends that Users carefully evaluate the accuracy, currency, completeness, and relevance of the Content for their purposes.

  1. Disclaimers/Liability Limits

THIS WHEEDLE APP IS PROVIDED “AS IS,” AND “AS AVAILABLE.” WHEEDLE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, NEITHER ON BEHALF OF ITSELF NOR ON BEHALF OF ANY MERCHANT, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, CONCERNING THE OPERATION OR USE OF THE WHEEDLE APP, THE CONTENT, PRODUCTS AND/OR SERVICES AVAILABLE ON OR THROUGH THE WHEEDLE APP. WHEEDLE DOES NOT WARRANT THAT THE SERVICES WILL BE AVAILABLE AT ALL TIMES OR THAT A USER’S USE WILL BE CONTINUOUS AND/OR ERROR FREE.

WHEEDLE AND AFFILIATES DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, USEFULNESS OR EXISTENCE OF ANY CONTENT SUPPLIED BY USERS OR THIRD PARTIES. WHEEDLE DOES NOT VERIFY THE ACCURACY OF EVENT DESCRIPTIONS NOR THAT A PROMOTION REPRESENTS THE BEST AVAILABLE PRICE FOR A PARTICULAR SERVICE. RELIANCE ON SUCH INFORMATION IS DONE AT USER’S SOLE RISK AND LIABILITY AND WHEEDLE WILL NOT BE A PARTY TO OR BE RESPONSIBLE FOR MONITORING IN ANY WAY ANY TRANSACTION BETWEEN USERS AND MERCHANTS.

WHEEDLE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, (WHETHER EXPRESS OR IMPLIED) INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THIS WHEEDLE APP AND OTHER CONTENT COMPRISING THIS WHEEDLE APP SUPPLIED BY THIRD PARTIES.

MERCHANTS ARE SOLELY RESPONSIBLE FOR THE EVENTS AND PROMOTIONS THEY OFFER, INCLUDING, WITHOUT LIMITATION, THEIR QUALITY AND AVAILABILITY. WHEEDLE DOES NOT ENDORSE, WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY EVENT OR PROMOTION OFFERED OR ADVERTISED BY A MERCHANT THROUGH THE WHEEDLE APP OR ANY LINKED SITE OR FEATURED IN ADVERTISING ON THE WHEEDLE APP.

WHEEDLE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR DAMAGES SUFFERED AS A RESULT OF (I) UNAVAILABILITY, ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) QUALITY OF EVENTS AND PROMOTIONS OFFERED BY MERCHANTS, (III) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF THE WHEEDLE APP OR RELATING TO THE EVENT(IV) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WHEEDLE APP, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT MADE AVAILABLE VIA THE WHEEDLE APP INCLUDING BY OTHER USERS.

IN NO EVENT SHALL WHEEDLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY OF THE ABOVE WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WHEEDLE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN JURISDICTIONS WHERE PERMITTED, WHEEDLE’S SOLE LIABILITY TO YOU UNDER THESE TERMS FOR DIRECT DAMAGES SHALL BE LIMITED TO $18.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES AND EXCLUSION OF CERTAIN DAMAGES SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

  1. Risk of Harm

Please note that there are risks, including but not limited to the risk of physical harm, in dealing with strangers, including persons who may be acting under false pretenses and/or false names. Please choose carefully the information you post on the Wheedle App. You assume all risks associated with dealing with others with whom you come in contact through the Wheedle App and attending any Event. Always use caution and common sense.

  1. Use of Information

Wheedle reserves the right, and you grant authorization, to use and assign all of your personal information provided by you in a manner consistent with our Privacy Policy. To know what privacy measures Wheedle has taken and what information we retain from your visit to this Wheedle App, please read our Wheedle App Privacy Policy, which is incorporated herein by reference.

  1. Change of Terms

By using this Wheedle App, you agree to these Terms of Use as well as any posted changes of these Terms of Use. We reserve the right to change these Terms of Use at any time. We ask that you review these Terms of Use from time to time to ensure you are familiar with the most current version of it. Users can determine when this Agreement was last modified by checking the “Last updated” notice on the top of the Agreement. Your continued use of the Wheedle App or Services constitutes your agreement to any changes made. If you do not agree to Wheedle’s Terms of Use, DO NOT use the Wheedle App.

  1. Links to Other Services

The Wheedle App may contain links to other Apps and/or websites. We are not responsible for the content, accuracy or opinions expressed in such sites and such sites are not investigated, monitored or checked for accuracy or completeness by Wheedle. Inclusion of any linked site does not imply approval or endorsement of the linked site by Wheedle. If you decide to leave the Wheedle App or access these third-party sites, you do so at your own risk, and should review that site’s own policies.

  1. Term and Termination

We may terminate your access to all or any part of Wheedle App at any time, with or without cause or notice, effective immediately. In the event of termination, your access to booked events is at the discretion of the applicable Merchant, and your account information may remain visible to Wheedle and Merchants.

If you seek to terminate your account, please email info@wheedleapp.com.

14. Event Cancellations and Postponement.

a. Event Cancellation. If an event is cancelled and not rescheduled, the Merchant (and not Wheedle) shall be responsible for refunds. Service and transaction fees may be withheld from any refund.

b. Event Postponement. If an event is postponed, Wheedle will work with Users, on a case-by-case basis, to attempt to resolve any issues, however refunds will not be issued for postponed events, unless they are cancelled, in which case the Merchant (and not Wheedle) shall be responsible for refunds.

c. Other Event Changes. Wheedle is not responsible for any other Event changes, such as partial performances, venue, line-up or time changes. No refunds will be issued under such circumstances.

d. Except for cancelled Events, sales through Wheedle are final.  All refunds will be processed directly by Merchant as the organizer of the event. In the event of a dispute with a Merchant, Wheedle may attempt to mediate, but ultimately it is the obligation of Users and Merchants to settle the dispute.

15. Questions or Concerns

  1. If you have a question or complaint regarding the Wheedle App, please send an e-mail to info@wheedleapp.com. You may also contact us by writing.
  2. If you have an inquiry regarding a Merchant, please allow us sufficient time to communicate with the Merchant and investigate before we respond.

16. General Provisions

a. This Agreement (and the other Wheedle agreements referenced above) constitutes the entire and only agreement between you and Wheedle and supersede all prior or contemporaneous agreements, representations, warranties and understandings with respect to the subject matter hereof.

b. The Parties’ rights and obligations under sections intended by their nature to survive including, without limitation, payment, intellectual property, limits on warranties and liability, indemnity, termination and choice of law provisions shall survive the termination or expiration of this Agreement.

c. This Agreement shall be interpreted and enforced in accordance with applicable federal law and the laws of the State of Ohio, without regard to any principles of conflict of laws, and venue and jurisdiction shall be in the courts of Cuyahoga County, Ohio. The prevailing party in any proceeding shall have the right to collect from the other party its reasonable costs, disbursements and all attorneys’ fees incurred in enforcing this Agreement.

d. If any provision of this Agreement is determined to be invalid or unenforceable, such invalidity or unenforceability shall not affect the remaining provisions. The failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.

e. You agree that all notices, disclosures, and other communications that Wheedle provides to you electronically (including by e-mail) satisfy any legal requirement that such communications be in writing.

f. This Agreement and the rights granted and obligations undertaken hereunder may not be assigned, transferred, or delegated in any manner by User, but may be freely assigned, transferred, or delegated by Wheedle.