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OpenTable Terms of Use

These OpenTable Terms of Use (this “Agreement”) apply to your access or use of the OpenTable websites, mobile sites, and applications (collectively, the “OpenTable Sites”) and the content, features, and services (the “Services”) made available by OpenTable.

In this Agreement, “OpenTable” and “we” mean the OpenTable company that is providing the Services to you, and with whom you are entering into this Agreement, which depends on the country in which you reside. To see which OpenTable entity is providing you Services, please click here. The terms “User” and “you” mean any user of the Services. This Agreement incorporates OpenTable’s standard policies, procedures, and terms and conditions for use of the Services that are referenced by name or by links in this Agreement (collectively, the “OpenTable Policies”).

By accessing or using the Services or by clicking “accept” or “agree” to this Agreement, (1) you acknowledge that you have read, understand, and agree to be bound by this Agreement, and (2) you represent and warrant that you are of legal age and not prohibited by law from accessing or using the Services (including, if applicable, purchasing, giving, using, or redeeming any OpenTable Gift Card or Merchant Gift Card (as such terms are defined herein)). THIS AGREEMENT CONTAINS, AMONG OTHER THINGS, AN ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER APPLICABLE TO USERS WHO ARE RESIDENTS OF THE UNITED STATES (INCLUDING ITS POSSESSIONS AND TERRITORIES), CANADA AND MEXICO.

OpenTable may update or revise this Agreement (including any OpenTable Policies) from time to time. You agree that you will review this Agreement periodically. You are free to decide whether or not to accept a modified version of this Agreement, but accepting this Agreement, as modified, is required for you to continue using the Services. You may have to click “accept” or “agree” to show your acceptance of any modified version of this Agreement. If you do not agree to the terms of this Agreement or any modified version of this Agreement, you must terminate your use of the Services, in which case you will no longer have access to your Account (as defined below). Except as otherwise expressly stated by OpenTable, any use of the Services (e.g., the use of the Reservation Services (as defined herein), Waitlist Services (as defined herein), Payment Services (as defined herein), or the purchase of OpenTable Gift Card or Merchant Gift Card (each, as defined herein)) is subject to the version of this Agreement in effect at the time of use.

Part I – Reservation Services

1. Restaurant Reservations. OpenTable makes available restaurant reservation services (the “Reservation Services”) and waitlist services (the “Waitlist Services”) through the OpenTable Sites to User for the purpose of assisting User in securing dining reservations or joining a waitlist at participating third-party restaurants (each, a “Restaurant”). In response to a User’s online request for a Restaurant reservation or to join a waitlist through the OpenTable Sites, OpenTable contacts the Restaurant’s computerized database of reservations and waitlists, as applicable. The availability of reservations, estimated wait time or place in line on a waitlist is determined at the time of User’s query and based on information provided to OpenTable by the Restaurant. Once a reservation or waitlist request is made by User through the OpenTable Sites, OpenTable will provide confirmation of the reservation or waitlist status to User by email or other electronic messages as has been agreed to by User. By using the Reservation Services or Waitlist Services, User agrees to receive reservation and waitlist confirmations, updates, modifications and/or cancellations by email or other electronic messages.

2. No-Show Policy. OpenTable is committed to providing superior quality services to Users and Restaurants. To assist us in maintaining a consistently high level of service for the Restaurants and their patrons, Users must cancel any reservations that they will be unable to honor at least 30 minutes in advance of the reservation. You may cancel your reservation via the OpenTable Sites or by calling the Restaurant directly. Some Restaurants may require a debit or credit card number to finalize your reservation.  In order to use the Reservation Services for these Restaurants, you must provide valid debit or credit card information. To confirm that the debit or credit card information you have provided is accurate, we may place a temporary authorization on your debit or credit card at the time you provide your debit or credit card information. After we verify that your debit or credit card information is accurate, usually within a few days, the authorization will be removed. You may be required to cancel your reservation in accordance with the Restaurant’s cancellation policy, which is disclosed at the time the reservation is made. OpenTable uses this debit or credit card information as described in our privacy policy and shall have no liability for any charges made to the debit or credit card account for any failure to cancel your reservation in accordance with a Restaurant’s cancellation policy.

If you are unable to keep your reservation and you fail to cancel at least 30 minutes in advance of the reservation, OpenTable will send you an email letting you know that our records indicate that you were a no-show. Upon arriving at the Restaurant, it is the User’s responsibility to notify the host that the User has a reservation. By using the Reservation Services, User agrees to receive no-show notifications by email after a report that your reservation was not honored, whether or not that was in fact the case. Your Account will be suspended if you are a no-show for four reservations within a 12-month period. If you receive a no-show notification email in error, please click here for information on how to dispute it. User agrees that all final no-show determinations will be made by OpenTable in its sole discretion.

If you wish to remove yourself from a waitlist you have joined through the Waitlist Services, you can do so by managing your place in line through the OpenTable Sites or by calling the Restaurant. Failure to appear at the Restaurant in a timely manner may result in the Restaurant bypassing your place on the waitlist for other guests or removing you from the waitlist entirely.

3. OpenTable Dining Rewards. Depending on your country of residency, you may be able to participate in OpenTable’s rewards program (“OpenTable Dining Rewards”). Where applicable, participation is subject to the OpenTable Dining Rewards Terms and Conditions.

4. Usage Guidelines. User agrees to use the Reservation Services or Waitlist Services only to book reservations or join waitlists at Restaurants and then honor those reservations or waitlist requests by arriving at the Restaurants on time and ordering and paying for meals. User further agrees not to book more than one reservation or join more than one waitlist for User’s personal use during any one meal time (e.g., lunch, dinner, etc.). Administrative assistant and/or concierges may be able to book multiple reservations through OpenTable’s Administrative Assistant and/or Concierge programs, subject to any applicable program terms. Resale or attempted resale of reservations or waitlist spots is prohibited and is grounds for, among other things, cancellation of your reservations, removal from the waitlist or termination of your access to the Services.

Part II – Payment, Gift Card and Other Services

5. Payment, Gift Card and Other Services. Depending on your country of residency, OpenTable may offer additional Services such as payment services made available by OpenTable through the OpenTable Sites (the “Payment Services”), electronic and physical gift cards and gift certificates issued by OpenTable (each, an “OpenTable Gift Card”), electronic gift cards and gift certificates issued by participating third-party restaurants (each, a “Merchant Gift Card”) and other services. The additional terms applicable to such Services are available here, and form a part of this Agreement: click here.

Part III – Terms for All Services

6. Privacy Policy. OpenTable is committed to helping you safeguard your privacy online. Please review our privacy policy for details about how we collect, use, and disclose information in connection with the Services.

7. Your Account. You may (but are not required to) create an account with OpenTable through the OpenTable Sites (“Account”) in order to use the Reservation Services, Waitlist Services or to purchase, gift, or redeem (as applicable) OpenTable Gift Cards and Merchant Gift Cards. However, you must have an Account in order to use the Payment Services. When registering for an Account, you must provide true, accurate, current, and complete data about yourself on the OpenTable registration form (“Registration Data”). You also agree to promptly update the Registration Data to keep it true, accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your Account and the information in your Account, and, except as otherwise required by applicable law, you are solely responsible for all use of your Account, whether or not authorized by you. You agree to immediately notify OpenTable of any unauthorized use of your Account or any other breach of security related to your use of the Services.

8. Communications from OpenTable. If you use our Sites and Services, OpenTable may communicate with you via electronic messages, including email, text message/SMS, or mobile push notifications in accordance with our privacy policy.

9. Technical Requirements. Use of the Services requires Internet access through your computer or mobile device. You are responsible for all mobile carrier data or text message charges resulting from your use of the Services, including from any notifications provided by the Services. In order to use the text message based services, you must maintain an active account with a carrier of electronic communications through mobile devices and you may not use a prepaid cellular phone to access such text message services. OpenTable does not guarantee that the Services will be compatible with all devices or will be supported by all mobile carriers. You may be required to have JavaScript (or similar technologies) enabled to use the OpenTable Site, and some features and portions of the OpenTable Site (including, but not limited to, making, modifying, or canceling reservations) may not be accessible with JavaScript disabled.

10. Modifications to Services. OpenTable reserves the right, in its sole discretion, to modify the Services from time to time and without notice, including, without limitation, by removing, adding, or modifying portions of the OpenTable Sites, Restaurants, and/or Merchants. OpenTable shall have no liability to you for any of the foregoing actions. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following any such changes shall indicate your acknowledgment of such changes and satisfaction with all the Services.

11. Intellectual Property Rights and Grant of Rights to User. The features, information, and materials provided and depicted through the Services are protected by copyright, trademark, patent, and other intellectual property laws. All text, graphical content, video, data, and other content made available through the Services (collectively, the “OpenTable Content”) are provided to User by OpenTable or its partners or licensors solely to support User’s permitted use of the Services. The OpenTable Content may be modified from time to time by OpenTable in its sole discretion. Except as expressly set forth herein, no license is granted to User for any other purpose, and any other use of the Services or the OpenTable Content by User shall constitute a material breach of this Agreement. OpenTable and its partners or licensors retain all rights in the Services and OpenTable Content and any associated patents, trademarks, copyrights, mask work rights, trade secrets, or other intellectual property rights. No license, right, or interest in any trademarks of OpenTable or any third party is granted under this Agreement.

12. Application License. Subject to the terms and conditions of this Agreement, OpenTable grants User a non-exclusive, non-transferable, revocable license to use the OpenTable mobile applications, in object code form only, on User’s compatible mobile devices, solely to support User’s permitted use of the Services.

13. Use Restrictions. The Services and OpenTable Content are offered solely for User’s personal use for the purposes described in this Agreement. Any and all other uses are prohibited. OpenTable expressly reserves all its rights and remedies under applicable laws (including state, federal, and provincial/territorial laws). OpenTable reserves the right, in its sole discretion, to refuse service, terminate Accounts, remove or edit content, cancel reservations, or deny access to the Services. You agree not to (and not to allow any third party to): (1) use any deep-link, robot, spider, scraper, generative AI or other AI technology including, but not limited to, those that operate by interacting with or otherwise making use of your browser, such as automated assistants or other automatic or manual device, process, or means to access, copy, search, or monitor any portion of the Services or OpenTable Content, except as expressly authorized by OpenTable; (2) take any action that imposes or may impose (in OpenTable’s sole determination) an unreasonable or a disproportionately large load on the Services or OpenTable’s infrastructure; (3) utilize any device, software, or routine that will interfere or attempt to interfere with the functionality of the Services; (4) rent, lease, copy, provide access to or sublicense any portion of the Services or OpenTable Content to a third party; (5) use any portion of the Services or OpenTable Content to provide, or incorporate any portion of the Services or OpenTable Content into, any product or service provided to a third party; (6) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non-public APIs to the Services, except to the extent expressly permitted by applicable law (and then only upon advance notice to OpenTable); (7) modify any Services or OpenTable Content or create any derivative product from any of the foregoing; (8) remove or obscure any proprietary or other notices contained in the Services or OpenTable Content; (9) use the Services or OpenTable Content for any illegal purpose; or (10) publicly disseminate information regarding the performance of the Services or OpenTable Content or access or use the Services or OpenTable Content for competitive analysis or benchmarking purposes. Although the OpenTable Sites may be accessible worldwide, not all features or services discussed, referenced, provided or offered through or on the OpenTable Sites are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. OpenTable reserves the right to limit, in its sole discretion, the provision and quantity of any feature or service to any person or geographic area.

14. United States Government End Users. The Services constitute a “commercial item” as defined at 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire any OpenTable Sites with only those rights set forth therein.

15. Export Control. You may not use, export, or re-export any OpenTable Sites or other aspects of the Services (or any copy or adaptation of the foregoing) in violation of applicable law, including, without limitation, United States and foreign export laws and regulations. You represent and warrant that 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 that you are not listed on any U.S. Government list of prohibited or restricted parties.

16. Termination. OpenTable may suspend your ability to use all or any element of the Services or may terminate this Agreement effective immediately, without notice or explanation. Without limiting the foregoing, OpenTable may suspend your access to the Services if we believe you to be in violation of any part of this Agreement (including any OpenTable Policies). After any suspension or termination, you may or may not be granted permission to use the Services or re-establish an Account, and, where applicable, you may lose access to and be unable to use any accumulated dining points as described in the OpenTable Dining Rewards Terms and Conditions. You agree that OpenTable shall not be liable to you for any termination of this Agreement or for any effects of any termination of this Agreement. You are always free to discontinue your use of the Services at any time. You understand that any termination of your Account may involve deletion of any content stored in your Account for which OpenTable will have no liability whatsoever.

17.  Reviews, Comments, Communications, and Other Content. The Services may permit you to submit, transmit, post or otherwise provide content, including, but not limited to, reviews, comments, ratings, photos, images, videos, sounds, text, data, links and location information; send emails and other communications; and submit suggestions, ideas, comments, questions, or other information (“User Content”). Any such User Content must not be illegal, threatening, obscene, racist, defamatory, libelous, pornographic, infringing of intellectual property rights, promoting of illegal activity or harm to groups and/or individuals, invasive of a third party’s publicity or privacy rights, purposely false or otherwise injurious to third parties, or objectionable and must not consist of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of “spam” or references to illegal activity, malpractice, purposeful overcharging, false advertising, or health code violations (e.g., foreign objects in food, food poisoning, etc.). Your User Content should be unbiased and objective. You may not submit reviews, comments or ratings for which you are being compensated in any manner, or for your own restaurant or any restaurant of your employer, friend, relative or a competitor. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of User Content. Your name and your profile photo will be displayed publicly with such User Content. OpenTable reserves the right (but has no obligation) to monitor, remove, or edit User Content in OpenTable’s sole discretion, including if User Content violates this Agreement (including any OpenTable Policies), but you acknowledge that OpenTable may not regularly review submitted User Content. If you do submit User Content, and unless we indicate otherwise, you grant OpenTable a nonexclusive, perpetual, royalty-free, irrevocable, and fully sublicensable (through multiple tiers, including to restaurants, partners and other third party websites and feeds) right to use, modify, reproduce, adapt, translate, publish, create derivative works from, distribute, display, and otherwise exploit such User Content throughout the world in any media, and, where applicable, you hereby waive any privacy or publicity rights  or any similar rights in an individual’s name or likeness in addition to any moral or other rights you may have in the User Content you submit in favor of OpenTable. You represent that you own, or have the necessary permissions to use and authorize the use of User Content as described herein. OpenTable takes no responsibility and assumes no liability for any User Content submitted by you or any other User or third party, nor do we guarantee any confidentiality with respect to User Content.

18. Artificial Intelligence. Some features and tools in our Services use artificial intelligence (“AI”), including generative AI, to provide you with Services. OpenTable may partner with third-parties entities or utilize third-party large language models in developing and providing these services. OpenTable processes data you may input and any generated data for purposes of providing you with our Services, for product improvement purposes, for quality and troubleshooting purposes, and other purposes in accordance with these Terms and our Privacy Policy. When we partner with third-party entities, we do not permit such third parties to train their own models based on personal or otherwise sensitive data provided to us, unless in exceptional circumstances, where the use case will undergo a robust internal review and approval process. All information and content generated by such AI tools are provided on an “as-is” and “as-available” basis. OpenTable makes no representations of any kind as to the relevance, accuracy, or completeness of such content and is not responsible for any damage or losses arising from your use of or reliance on such content.

18.1 Direct Messages and Communications. OpenTable may process the content of direct messages between diners and restaurants through our AI systems to improve user experience, extract relevant information (such as reservation changes, special requests, or cancellations), and provide enhanced services to both diners and restaurants. OpenTable will not request personal information through these direct messages; however, to the extent a diner voluntarily provides personal information in such communications, OpenTable may process such information in accordance with this section. This processing may include analyzing message content using our own AI systems or, in some cases, third-party AI services. When OpenTable uses third-party services to process direct messages, measures are taken to exclude personally identifiable information (PII) when sharing with third-party AI services. When using our own AI systems, we maintain appropriate safeguards to protect your information in accordance with our Privacy Policy.

18.2 Third Parties. When we partner with third-party entities, we do not permit such third parties to train their own models based on personal or otherwise sensitive data provided to us, unless in exceptional circumstances, where the use case will undergo a robust internal review and approval process. All information and content generated by such AI tools are provided on an “as-is” and “as-available” basis. OpenTable makes no representations of any kind as to the relevance, accuracy, or completeness of such content and is not responsible for any damage or losses arising from your use of or reliance on such content. Actions of AI agents are acknowledged as actions of the User that is using them, and the User is responsible for checking and verifying the action as if it was done by the User themselves, OpenTable takes no responsibility and assumes no liability for actions taken by an AI agent on behalf of a User.

19. Your Representations and Indemnity. You represent and warrant that you own or otherwise control all of the rights to any User Content submitted by you; that all User Content submitted by you is accurate; and that exploitation of such User Content by OpenTable and its other Users, partners, and licensees will not violate this Agreement, cause injury to any person or entity, or infringe any third-party rights (including, without limitation, intellectual property rights and rights of privacy or publicity). You will indemnify, hold harmless, and (at OpenTable’s request) defend OpenTable, its affiliates, and its and their representatives, agents, directors, managers, officers, employees, and shareholders (collectively, the “OpenTable Parties”) from and against all claims resulting from (1) any User Content submitted by you, (2) your use of the Services, or (3) any breach or alleged breach by you of this Agreement.

20. Liability Limitations. EXCEPT AS EXPRESSLY SPECIFIED HEREIN, IN NO EVENT SHALL THE OPENTABLE PARTIES BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS, OR DIRECT DAMAGES OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHICH ARISE OUT OF OR ARE ANY WAY CONNECTED WITH (1) THIS AGREEMENT (INCLUDING ANY CHANGES THERETO), (2) ANY USE OF THE OPENTABLE SITES, SERVICES, THE OPENTABLE CONTENT, OR THE USER CONTENT, (3) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF ANY OF THE SERVICES), OR (4) YOUR VISIT TO ANY RESTAURANT OR THE PERFORMANCE, NON-PERFORMANCE, CONDUCT, OR POLICIES OF ANY RESTAURANT OR MERCHANT IN CONNECTION WITH THE SERVICES. IN ADDITION, YOU SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING YOU TO THE OPENTABLE SITE BY REFERRAL, LINK, OR ANY OTHER MEANS IS NOT LIABLE TO USER FOR ANY REASON WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE SERVICES OR THE OPENTABLE CONTENT. OPENTABLE IS NEITHER AN AGENT OF NOR OTHERWISE ASSOCIATED WITH ANY RESTAURANT FOR WHICH A USER HAS MADE A RESERVATION, CLAIMED AN OFFER OR PROMOTION, OR PAID A BILL USING THE PAYMENT SERVICES OR ANY MERCHANT THAT ISSUES A MERCHANT GIFT CARD. IF YOU ARE A RESIDENT OF THE UNITED KINGDOM OR EUROPEAN UNION, THE LIMITATION OF LIABILITY IN THIS AGREEMENT SHALL NOT APPLY TO ANY DAMAGE ARISING FROM OUR WILLFUL MISCONDUCT AND GROSS NEGLIGENCE, NOR SHALL IT APPLY TO DAMAGE FROM INJURY TO LIFE, BODY OR HEALTH.

IF THE DISCLAIMER OF DIRECT DAMAGES ABOVE IS NOT ENFORCEABLE AT LAW, EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THE GIFT CARD TERMS, YOU EXPRESSLY AGREE THAT OUR LIABILITY TO YOU (FOR AY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) WILL AT ALL TIMES BE LIMITED TO FIFTY US DOLLARS ($50).

You and OpenTable understand and agree that the disclaimers, exclusions, and limitations in this Section 19 and in Section 20 are essential elements of this Agreement and that they represent a reasonable allocation of risk. In particular, you understand that OpenTable would be unable to make the Services available to you except on these terms and agree that this Agreement will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.

21. Disclaimer of Warranties. YOU UNDERSTAND THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND OPENTABLE CANNOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.  THE SERVICES, ALL OPENTABLE CONTENT, AND ANY OTHER INFORMATION, PRODUCTS, AND MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICES, ARE PROVIDED TO USER ON AN “AS IS” BASIS AND WITHOUT WARRANTY OF ANY KIND. OPENTABLE EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, OR INDEMNITIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE , TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. OPENTABLE DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT OPENTABLE WILL REVIEW THE INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SERVICES FOR ACCURACY OR THAT IT WILL PRESERVE OR MAINTAIN ANY SUCH INFORMATION OR MATERIALS WITHOUT LOSS. OPENTABLE SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES, OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF OPENTABLE.

THE FOREGOING DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

22. Third-Party Websites, Applications and Services. The Services may contain hypertext links to websites and applications operated by parties other than OpenTable. Such hypertext links are provided for User’s reference only, and OpenTable does not control such websites and is not responsible for their content. OpenTable’s inclusion of any hypertext links to such websites or applications does not imply any endorsement of the material on such websites or applications or any association with their operators. OpenTable assumes no liability whatsoever for any such third-party websites, applications or any content, features, products, or services made available through such third-party websites or applications. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited will be a third-party beneficiary to this contract if you access the Services using applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service, including any license transferability and other usage rules therein. To the extent an OpenTable restaurant enables a Third-Party Platform (as defined below), the offering, sale, purchase or consumption of alcohol, cannabis, tobacco, gambling or related products (“Age Restricted Goods”) are provided subject to the applicable laws that govern such Age Restricted Goods, and OpenTable has no affiliation with or liability related to a restaurant’s offering of such Age Restricted Good. “Third-Party Platform” means any platform, add-on, service or product not provided by OpenTable that a restaurant elects to integrate or enable.”

23. Release. Restaurants and Merchants are solely responsible for their interactions with you and any and all claims, injuries, illnesses, damages, liabilities, and costs (“Claims”) suffered by you (or, if applicable, any recipient of an OpenTable Gift Card or a Merchant Gift Card) as a result of your (or such recipient’s) interaction with or visit to any Restaurant or Merchant or from any promotion, offer, product or service of any Restaurant or Merchant. Users must resolve all disputes directly with Restaurants. To the maximum extent permitted by applicable law, you hereby release the OpenTable Parties from any and all such Claims. IN CONNECTION WITH THE FOREGOING, IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” You hereby expressly waive and relinquish all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to the release of any unknown or unsuspected claims you may have against the OpenTable Parties pertaining to the subject matter of this Section 22. If you are a resident of the United Kingdom or European Union, this release shall not apply to any damage arising from our willful misconduct or gross negligence, nor shall it apply to damage from injury to life, body or health.

24. Notify Us of Infringers. If you believe any of the Services violate your copyright, notify our copyright agent in writing. The contact information for our copyright agent is at the bottom of this Section.

In order for us to take action, you must do the following in your notice:

(a) provide your physical or electronic signature;

(b) identify the copyrighted work that you believe is being infringed;

(c) identify the item that you think is infringing your work and include sufficient information about where the material is located so that we can find it;

(d) provide us with a way to contact you, such as your address, telephone number, or email;

(e) provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, its agent, or the law to be used in connection with the Services; and

(f) provide a statement that the information you provide in your notice is accurate, and that (under penalty of perjury) you are authorized to act on behalf of the copyright owner whose work is being infringed.

Here is the contact information for our copyright agent:

Copyright Enforcement

OpenTable, Inc.

1 Montgomery St., Suite 500

San Francisco, CA 94014

copyright@opentable.com

Again, we cannot take action unless you give us all the required information.

25. Severability. If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision (or portion thereof) notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.

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

27. Waiver. Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.

28. Arbitration. For U.S. Customers Only: Please be aware that this Section 28 contains provisions governing how to resolve disputes between you and OpenTable (the “Arbitration Agreement”).  Among other things, this Section 28 includes an agreement to arbitrate which requires, with limited exceptions, that all disputes between you and us will be resolved by binding and final arbitration. This Section 28 also contains a class action and jury trial waiver.  Please read this Section 28 carefully.

Unless you opt out of the agreement to arbitrate within thirty (30) days: (1) you will only be permitted to pursue disputes or claims and seek relief against us through binding, final arbitration, with limited exceptions, and you waive your right to participate in a class action lawsuit or other representative proceeding or class-wide arbitration; and (2) you are waiving your right to pursue disputes or claims and seek relief in a court of law and to have a jury trial.

28.1 Applicability of Arbitration Agreement. If you live in the U.S., subject to the terms of this Arbitration Agreement, you and OpenTable agree that any disagreement, controversy, or claim arising out of or relating in any way to your access to or use of the services, or of the OpenTable Sites, any communications you receive from OpenTable, any products sold or distributed through the OpenTable Sites, or the Services, or this Agreement and prior versions of this Agreement (each, a “Dispute”) will be resolved by binding arbitration, rather than in court, except that: (1) you and OpenTable may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (2) you or OpenTable may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). For purposes of this Arbitration Agreement, “Dispute” will also include disputes that were not noticed or that involve facts occurring before the existence of this or any prior versions of this Agreement as well as claims that may arise after the termination of this Agreement.

28.2 Informal Dispute Resolution. There might be instances when a Dispute arises between you and OpenTable. If that occurs, OpenTable is committed to working with you to reach a prompt, low‐cost and mutually beneficial resolution. You and OpenTable agree to participate in good faith informal efforts to resolve disputes before starting an arbitration or initiating an action in small claims court (“Informal Dispute Resolution”). You and OpenTable agree that as part of these efforts, either party has the option to ask the other to meet and confer telephonically (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you must also personally participate.

To initiate Informal Dispute Resolution, a party must give notice in writing to the other party (“Notice”). Such Notice to OpenTable should be sent by email to legal@opentable.com or regular mail to our offices located at OpenTable, Inc. 1 Montgomery Street, Suite 500, San Francisco, CA 94104. The Notice must include: (1) your name, telephone number, mailing address, and e‐mail address associated with your account (if you have one); (2) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (3) a description of the Dispute. OpenTable will send Notice, including a description of the Dispute, to your email address or regular address on file.  It is your responsibility to ensure your email and regular address are correct and remain up to date.

The Informal Dispute Resolution process lasts forty-five (45) days and is a mandatory precondition to commencing arbitration. During this period, either party has the option to ask the other to participate in an Information Dispute Resolution Conference as part of a good faith effort to resolve the Dispute. The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms or organizations represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree.

The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in Informal Dispute Resolution.

28.3 Waiver of Jury Trial.  YOU AND OPENTABLE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and OpenTable are instead electing that all disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in the subsection entitled “Applicability of Arbitration Agreement” above. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

28.4 Waiver of Class and Other Non-Individualized Relief. EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim. Nothing in this paragraph is intended to, nor shall affect the terms and conditions under the subsection 28.9 entitled “Batch Arbitration.” Notwithstanding anything to the contrary in this Arbitration Agreement, if a final decision, not subject to any further appeal or recourse, determines that the limitations of this subsection, “Waiver of Class and Other Non-Individualized Relief,” are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and OpenTable agree that the particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in the State of California. All other Disputes shall be arbitrated or litigated in small claims court. This subsection does not prevent you or OpenTable from participating in a class-wide or mass settlement of claims.

28.5 Rules and Forum.  This Agreement evidences a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement, including the procedures governing Batch Arbitration, and any arbitration. If Informal Dispute Resolution does not resolve satisfactorily within forty-five (45) days after receipt of a Notice, you and OpenTable agree that either party shall have the right to finally resolve the Dispute through binding arbitration.

The arbitration will be administered by the National Arbitration & Mediation (“NAM”) in accordance with the NAM Comprehensive Dispute Resolution Rules and Procedure (the “NAM Rules”) in effect at the time of arbitration, except as supplemented, where applicable, by the NAM Mass Filing Supplemental Dispute Resolution Rules and Procedures (the “NAM Mass Filing Rules”), and as modified by this Arbitration Agreement. The NAM Rules are currently available at https://www.namadr.com/resources/rules-fees-forms/.

A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Request”). The Request must include: (1) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration, and the account username (if applicable), as well as the email address associated with any applicable account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States Dollars; (4) a statement certifying completion of the Informal Dispute Resolution process as described above; and (5) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration. Any Request you send to OpenTable should be sent by email to legal@opentable.com or regular mail to our offices located at OpenTable, Inc. 1 Montgomery St Ste 500, San Francisco CA 94104.

If the party requesting arbitration is represented by counsel, the Request shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Request. By signing the Request, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that, consistent with the standards set forth in Federal Rule of Civil Procedure 11(b): (1) the Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a non-frivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery (“Counsel’s Certification”).

Unless you and OpenTable otherwise agree, or the Batch Arbitration process discussed in subsection 28.9 is triggered, the arbitration will be conducted in the county where you reside. Subject to the NAM Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of arbitration. If NAM is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any NAM fees and costs will be solely as set forth in the applicable NAM fee schedules (the “Fee Schedules”).

You and OpenTable agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.

You and OpenTable agree that at least fourteen (14) days before the date set for an arbitration hearing, any party may serve an offer in writing upon the other party to allow judgment on specified terms. If the offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover any post-offer costs to which they otherwise would be entitled and shall pay the offering party’s costs from the time of the offer.

28.6 Arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from NAM’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Request, then NAM will appoint the arbitrator in accordance with NAM Rules, provided that if the Batch Arbitration process under subsection 28.9 is triggered, NAM, without soliciting input or feedback from any party, will appoint the arbitrator for each batch.

28.7 Authority of Arbitrator.  The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes regarding the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except that all Disputes regarding the subsection entitled “Waiver of Class and Other Non-Individualized Relief,” including any claim that all or part of the subsection entitled “Waiver of Class and Other Non-Individualized Relief” is unenforceable, illegal, void or voidable, or that such subsection entitled “Waiver of Class and Other Non-Individualized Relief” has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator. The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.

28.8 Attorneys’ Fees and Costs. The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). To the extent, following a presentation on the merits, on its own motion or a party’s, and after affording a reasonable opportunity to respond, an arbitrator determines that a party who commenced arbitration did not bring its claim(s) consistent with Counsel’s Certification and the standards set forth in Federal Rule of Civil Procedure 11(b), the arbitrator shall, as part of its award, impose sanctions by ordering that the initiating party reimburse the responding party for all arbitration costs and arbitrators’ fees the responding party incurred under the Fee Schedules.

28.9 Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and OpenTable agree that in the event that there are twenty-five (25) or more individual Requests of a substantially similar nature filed against OpenTable by or with the assistance of the same law firm, group of law firms, or organizations (“Claimants’ Counsel”), within a ninety (90) day period, NAM shall (1) administer the arbitration demands in batches of 100 Requests per batch (or, if between twenty-five (25) and ninety-nine (99) individual Requests are filed, a single batch of all those Requests, and, to the extent there are fewer than 100 Requests remaining after the batching described above, a final batch consisting of the remaining Requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch on a consolidated basis with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be selected by Claimants’ Counsel or, if Claimants’ Counsel does not have a preference, by the arbitrator, and one final award (“Batch Arbitration”). NAM shall administer all batches concurrently, to the extent possible.

All parties agree that Requests are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issue(s) and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise NAM, and NAM shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by OpenTable.

You and OpenTable agree to cooperate in good faith with NAM to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings.

This Batch Arbitration provision shall in no way be interpreted as authorizing or creating a class, collective, and/or representative arbitration or action of any kind, except as expressly set forth in this provision, and nothing about the Batch Arbitration process will preclude any party from participating in any arbitration administered according to that process.

28.10. Invalidity, Expiration. Except as provided in the subsection entitled “Waiver of Class or Other Non-Individualized Relief,” if any part or parts of this Arbitration Agreement (other than Section 28.9) are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Arbitration Agreement shall continue in full force and effect.  However, if Section 28.9 of this Arbitration Agreement is found under the law to be invalid or unenforceable then, in that case, the entire Arbitration Agreement shall be void, and the parties agree that all Disputes will be heard in the state or federal courts located in San Francisco, California. You further agree that any Dispute that you have with OpenTable as detailed in this Arbitration Agreement must be initiated within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.

28.11 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: OpenTable, Inc. 1 Montgomery St Ste 500, San Francisco CA 94104, Attn: Legal, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your OpenTable account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any arbitration agreements that you may currently have with us, including any previous versions of this Arbitration Agreement to which you agreed, and has no effect on any arbitration agreements with us you may enter in the future.

28.12. Modification. You and we agree that OpenTable retains the right to modify this Section 28 in the future.  Any such changes will be posted at https://www.opentable.com/c/legal/terms-and-conditions/ and you should check for updates regularly.  Notwithstanding any provision in this Agreement to the contrary, we agree that if OpenTable makes any future material change to this Arbitration Agreement, it will notify you.  Your continued use of the OpenTable Site and/or Services, including the acceptance of products and services offered on the OpenTable Site following the posting of changes to this Arbitration Agreement, constitutes your acceptance of any such changes. If you have previously agreed to a version of this Agreement with an arbitration agreement and you did not validly opt out of arbitration, changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of arbitration. OpenTable will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of this Agreement.

28.13 Governing Courts. To the extent that the Dispute is not covered by any arbitration agreement between you and us, it shall proceed before the state or federal courts located in San Francisco, California (except for small claims court actions which may be brought in the county where you reside).

29. Choice of Law. This Agreement is made under and shall be governed by and construed in accordance with the laws of the State of California, U.S.A, consistent with the Federal Arbitration Act (to the extent permitted by applicable law), without giving effect to any principles that provide for the application of the law of another jurisdiction.  You may also be entitled to certain consumer protection rights under the laws of your local jurisdiction and/or country of residency. If you are a resident of a European Union member country, parties may be able to resolve consumer disputes in the way of alternative dispute resolution on the ODR platform of the European Commission. The platform is available at http://ec.europa.eu/consumers/odr.

REVISION DATE: July 1, 2025

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