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Hospitality Engagement Corporation (“HEC“) offers an interactive service (the “Service“) for matching potential Consumers (“You“, or “Consumer“) with Merchants (“Merchants“) of member dining and entertainment establishments (each, a “Venue“) through a mobile application (the “Wheedle App“). Visitors browsing the Wheedle App, Consumers 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.

IF YOU DO NOT AGREE WITH ANY OF THE FOLLOWING TERMS AND CONDITIONS, DO NOT USE THE WHEEDLE APP OR OUR SERVICES.

1. Process Overview

  1. User with active account logs in to Wheedle App and submits dining/entertainment requests including details about the party (“Requests“).
  2. Merchants review Requests and, at their option, send targeted offers termed as “Wheedles” (“Offers“), which can be accepted by User (“Accepted“) and claimed at to receive the Offer at the Venue (“Claimed“).
  3. Once an Offer has been Accepted, Merchant may not revoke it and is directly responsible to User for the delivery of goods and services described in the Offer.
  4. By Accepting an Offer, User is entering into a contract with Merchant and is responsible for Claiming the Offer in accordance with User Guidelines, below.
  5. Upon redemption of the Offer at the Venue, the Offer will be marked as Claimed.

HEC does not guarantee that any Request will lead to an Offer or that that details provided by Merchants regarding Offers are accurate. Merchants reserve the right to substitute goods and services of a higher value in the event a change is required. Offers are not transferable.

The Service is a platform and not a seller of dining or entertainment services, and as such, HEC does not review or approve Offers, however HEC may, in its reasonable discretion, remove a Request or an Offer or cancel a transaction, without advance notice. (More details on the Wheedle process can be found at www.wheedleapp.com.)

2. Fees

User is not charged any fee for using the Service, however User is responsible for payment to Merchant at the Venue, including for Claimed Wheedles and other services rendered, as well as appropriate gratuities. The Wheedle App is not an e-commerce or voucher site and HEC does not accept or process any payment to or on behalf of a Merchant.

3. 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:

  1. are over the age 18, and will not Claim Offers for Venues where entry may violate the law or a Venue’s policies (e.g. those under 21 may not enter certain Venues);
  2. will use this 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 Venue;
  3. will use this Wheedle App only for its intended purposes and will Claim Offers which you Accept and not double-book at multiple Venues;
  4. will not circumvent the Service, i.e., not negotiate offers directly with Merchant in a manner competitive with the Service, even where special requests, arrangements and/or inquiries are made to Merchant (however customized offers are permitted when Claimed through the Wheedle App.)
  5. will submit only truthful and accurate information, including without limitation, details about the party and anticipated expenditure to the Wheedle App including in Requests and feedback;
  6. will not disrupt this Wheedle App, interfere with any other User’s use of this Wheedle App, interfere with or compromise the security of this Wheedle App;
  7. will not impersonate any other person or entity, sell or let others use your profile or password, attempt to transfer any Offer, provide false or misleading identification or address information, or invade the privacy, or violate the personal or proprietary right, of any person or entity.

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

HEC may, but is not required to: (a) monitor or review the Wheedle App for violations of this Agreement and/or for compliance with HEC’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 HEC and others or to facilitate the proper functioning of the Wheedle App.

WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, HEC RESERVES THE RIGHT TO, IN HEC’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY DENY ACCESS TO AND USE OF THE WHEEDLE APP 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, HEC AND/OR MERCHANT WILL BE UNDER NO OBLIGATION TO HONOR ANY OFFERS.

4. Nonconfomity, No Show, and Cancellation

If you Accept an Offer, you are making a commitment to Claim that Offer and conform to the details you submitted in connection with the request. If your Details materially change at the Venue (e.g your actual party size or amount spent) your Offer may be invalidated.

Please use the Services in good faith and do not “double-book” with multiple Venues.

We reserve the right to inform Merchants of a User’s “No-Show” statistics and to terminate the accounts of any User who repeatedly fails to Claim Wheedles.

5. Copyright, Trademark and Intellectual Property

“HEC,” “Hospitality Engagement Corporation” “Wheedle”, 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 HEC and may not be used, copied or imitated without the prior written consent of HEC. Other trademarks, trade names, company names, service marks and otherwise protected property displayed on this 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 HEC. The copyright in and to this Wheedle App is owned by HEC. HEC retains and reserves all rights in and to this Wheedle App and all Content. HEC 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 HEC’s discretion. The reproduction, distribution, transmission, display, or use of this Wheedle App and any Content is prohibited without the prior written consent of HEC.

6. Indemnification

User will indemnify, defend and hold harmless HEC and HEC 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 or (ii) any violation of law or regulation. HEC shall have the right to participate in the defense of a claim with counsel of HEC’s choice at HEC’s expense. Merchant shall not, without the express written consent of HEC, settle or compromise any claim, or consent to the entry of any judgment that imposes any liability or obligation upon HEC or admit to any wrongdoing on the part of HEC.

HEC is not responsible for disputes between Users and Merchants. In the event of a User dispute, you release HEC 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.

7. Merchant and Third Party Content

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

8. Disclaimers/Liability Limits

THIS WHEEDLE APP IS PROVIDED “AS IS,” AND “AS AVAILABLE.” HEC 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 THIS WHEEDLE APP, THE CONTRIBUTIONS OR OTHER CONTENT, PRODUCTS AND/OR SERVICES AVAILABLE ON OR THROUGH THIS WHEEDLE APP. HEC DOES NOT WARRANT THAT THIS WHEEDLE APP WILL BE AVAILABLE AT ALL TIMES OR THAT A USER’S USE WILL BE CONTINUOUS AND/OR ERROR FREE.

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

HEC 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 PRODUCTS AND SERVICES THEY OFFER, INCLUDING, WITHOUT LIMITATION, THEIR QUALITY AND AVAILABILITY. HEC DOES NOT ENDORSE, WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OFFERED OR ADVERTISED BY A MERCHANT THROUGH THE WHEEDLE APP OR ANY LINKED SITE OR FEATURED IN ADVERTISING ON THE WHEEDLE APP.

HEC ASSUMES NO LIABILITY OR RESPONSIBILITY FOR DAMAGES SUFFERED AS A RESULT OF (I) UNAVAILABILITY, ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) QUALITY OF PRODUCTS AND SERVICES OFFERED BY MERCHANTS, (III) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF THE WHEEDLE APP AND THE SERVICES OFFERED, (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 HEC, 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 HEC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN JURISDICTIONS WHERE PERMITTED, HEC’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.

9. 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 visiting a Venue. Always use caution and common sense.

10. Use of Information

HEC 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 HEC 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.

11. 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 HEC’s Terms of Use, DO NOT use the Wheedle App.

12. 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 HEC. Inclusion of any linked site does not imply approval or endorsement of the linked site by HEC. 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.

13. 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 Offers is at the discretion of the applicable Merchant, and your account information may remain visible to HEC and Merchants

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

14. Questions or Concerns

If you have a question or complaint regarding the Wheedle App, please send an e-mail to issue@wheedleapp.com. You may also contact us by writing.

If you have an inquiry regarding a Merchant, please allow us sufficient time to communicate with the Merchant and investigate before we respond.

15. General Provisions

  1. This Agreement (and the other HEC agreements referenced above) constitutes the entire and only agreement between you and HEC and supersede all prior or contemporaneous agreements, representations, warranties and understandings with respect to the subject matter hereof.
  2. 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.
  3. 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.
  4. 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.
  5. You agree that all notices, disclosures, and other communications that HEC provides to you electronically (including by e-mail) satisfy any legal requirement that such communications be in writing.
  6. 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 HEC.