In the event may modify this Agreement, we will contact you at the email used to register your account. If you are a registered user, you will be asked to click to accept the new agreement the U.P. time you log on to this Site in order to be able to use the interactive portions of this Site. We will also put any revised versions of this Agreement on this Site with a notice advising of the change. It is therefore important that you regularly check this Site for any announcements about revisions and keep your contact information current to ensure you are informed of any changes.
THESE TERMS MAY BE CHANGED AT ANY TIME BY U.P. IN ITS DISCRETION, WITH OR WITHOUT NOTICE. We indicate at the top of the page when these Terms were last modified or updated. Your continued use of the Site following such changes will be deemed acceptance of such changes. Upon our request, you agree to sign a non-electronic version of these Terms.
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.
Reservations, Ticket Purchase and Payment
Unlike an a la carte restaurant with many walk-in customers and dozens of menu items, U.P. is creating a truly unique dining experience and doing so at a competitive price. By eliminating no-shows, requiring pre-payment, and varying the price by time and day we are able to offer a great deal more than would otherwise be possible at these prices.
Upon making a reservation via the Site and making payment in full, you will be issued a “ticket” (for 2 guests) setting forth the time of the pre-paid reservation, the number in your party. We will send you an email confirmation and issue a unique confirmation number immediately on our site. Once you have received this email, all payments are nonrefundable and tickets cannot be rescheduled for any other time or date. Just like a sporting event, concert, or theater ticket, all U.P. Ticket sales are final.
Pricing at U.P. is variable and depends on a number of factors, including the time and day of the week you choose to dine and the type of beverage pairings you select.
U.P. accepts several methods of payment to accommodate your needs: American Express, Visa, MasterCard, Discover and Diner’s Club. Pricing at U.P. is variable and depends on a number of factors, including the time and day of the week you choose to dine and the type of beverage pairings you select.
U.P. reserves the right to add extra tickets at late notice should we deem is possible to serve more patrons.
Your U.P. Ticket is transferable through the Resy platform. However, you should be aware that selling tickets for greater than face value may be illegal in your area. As a general proposition, anyone who purchases a U.P. ticket from another patron should take care to be sure that the beverage pairing options are as claimed by requesting both an email confirmation from us as well as a printed U.P. ticket. Any U.P. ticket purchased on the secondary market are at the purchaser’s risk. We will not be held responsible for forgeries or misrepresentations.
Unlawful resale (or attempted resale), counterfeit or copy of U.P. ticket is grounds for seizure and cancellation without compensation. In addition, U.P. reserves the right to restrict or deny U.P. ticket purchasing privileges to anyone that U.P. determines to be, or has been, in violation of this policy. Because U.P. does not guarantee the authenticity of U.P. tickets purchased from any non-authorized third party reseller (such as brokers or individuals), U.P. recommends that you purchase U.P. tickets directly through U.P. to ensure ticket authenticity.
U.P. Tickets may not be used for advertising, promotions, contests or sweepstakes, unless formal written authorization is given by a duly authorized representative of U.P., provided that even if such consent is obtained, any use of U.P.’s trademarks and other intellectual property is subject to U.P.’s consent.
Descriptions or images of, or references to, products or services on the Website do not imply U.P.’s endorsement of such products or services. We reserve the right, without prior notification, to change such descriptions or references; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all Transaction(s); to limit the order quantity on any product or service; and/or to refuse to provide any user with any product or service. Verification of information applicable to a purchase may be required prior to U.P.’s acceptance of any order. Price and availability of any product or service are subject to change without notice.
You agree that all purchases made by you on the Website cannot be exchanged for another time or date and are non-refundable. All purchases are subject to U.P.’s service fees and charges, which are also non-refundable. You will be responsible for paying all applicable taxes in connection with your purchase of any tickets.
For further information about the U.P. dining experience please consult the “Frequently Asked Questions” section of the Site.
Privacy and Personal Information
We are committed to protecting the privacy of the personal information of our end users and customers. We do not knowingly collect personal information from persons under the age of 21.
In order to use or access some features of the Site (including, without limitation, the making of a reservation and the pre-payment therefore, the purchase of any products or services, and the like), you will be required to create an account. 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 at email@example.com of any breach of security or unauthorized use of your account. 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 an adult 21 years of age or older. 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: U.P. cannot prohibit minors from visiting this site. U.P. must rely on parents, guardians and those responsible for supervising children under 13 to decide which materials are appropriate for such children to view and/or purchase. 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 GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that U.P. does not endorse any of the products or services listed at such websites.
Third Party Web Sites
Appropriate Posts and Activity
You acknowledge and agree that your communications with other users via chats, conferences, bulletin boards, and any other avenues of communication on the website, if any, are public and not private communications. Therefore, we strongly encourage you not to disclose any personal information about yourself in your public communications on the Site. We are not responsible for information that you choose to communicate to other users of the Site, or for the actions of other users. Once you post or send any content on or through the Site, you expressly grant U.P. a perpetual, irrevocable, assignable, transferable right and license to quote, re-post, use, reproduce, modify, create derivative works of, distribute, transmit, broadcast, communicate, and publicly display and perform such content 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 U.P. to use such content for such purposes. We have the right, but not the obligation, to remove any content or posts that we deem to be objectionable for any reason. You may not use or exploit the Site for any commercial purpose.
U.P. generally communicates with its users by electronic means, such as e-mail, and 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.
We grant you permission to use the website solely as set forth in these Terms. You agree that: (i) you will not copy or distribute any part of the Site in any medium without our prior written consent upon each distribution; and (ii) you will not alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose. You agree not to use or launch any automated system or program, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Site in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
You agree not to collect or harvest any personally identifiable information, including account names, from the Site, or use the communication systems provided by the Site for any commercial solicitation purposes, except as expressly authorized by us. Finally, you agree that you will not transmit material that: (i) is unlawful, obscene, vulgar, defamatory, abusive, threatening, profane, invasive of privacy or publicity rights, or otherwise objectionable, (ii) violates or infringes upon the rights of others in any way, (iii) encourages others to commit unlawful acts, (iv) contains advertising, publicity, or solicitation for a product or service that did not receive prior approval from U.P., or (v) inhibits other users from using or enjoying the Site.
For the avoidance of doubt, you are entirely responsible for the content of, and any harm resulting from, any of your postings or submissions to this Site (collectively, “Contributions”). When you create or make available a Contribution, you represent and warrant that you:
- own or have sufficient rights to post your Contributions, on or through this Site;
- will not post Contributions that violate our or any other person’s privacy rights, publicity rights, intellectual property rights (including without limitation copyrights) or contract rights;
- have fully complied with any third-party licenses relating to Contributions, agree to pay all royalties, fees and any other monies owning any person by reason of Contributions that you posted to or through this Site;
- will not post Contributions that: (i) are defamatory, damaging, disruptive, unlawful, inappropriate, offensive, inaccurate, pornographic, vulgar, indecent, profane, hateful, racially or ethnically offensive, obscene, lewd, lascivious, filthy, threatening, excessively violent, harassing, or otherwise objectionable; (ii) incite, encourage or threaten immediate physical harm against another, including but not limited to, Contributions that promote racism, bigotry, sexism, religious intolerance or harm against any group or individual; or (iii) contain material that solicits personal information from anyone under 13 or exploits anyone in a sexual or violent manner;
- will not post Contributions that contain advertisements or solicit any person to buy or sell products or services (other than our products and services);
- will not use this Site for any unauthorized purpose including collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other electronic communications, or engaging in unauthorized framing of, or linking to, this Site without our express written consent;
- will not post Contributions that constitute, contain, install or attempt to install or promote 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;
- will not 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;
- 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;
- will not post jobs for modeling or talent or talent scouting positions on the Site; and
- will not post on the Site any franchise, pyramid scheme, “club membership,” distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (except for postings that make clear that the available job pays commission only and clearly describes the product or service that the job seeker would be selling, in which case such postings are permissible), or requires recruitment of other members, sub-distributors or sub-agents.
The content on the Site, including without limitation, the text, software, manuscripts, graphics, photos, sounds, music, videos, interactive features and the like (collectively, “Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to U.P., 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 U.P. You agree to not engage in the use, copying or distribution of any Content other than as expressly permitted herein, including any use, copying, or distribution of feedback 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 and Limitation of Liability
YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, U.P., OUR AFFILIATES, AND OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. U.P. MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE OR THE CONTENT, OR THE CONTENT OF ANY SITES LINKED TO THE SITE, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (i) ERRORS, MISTAKES, OR INACCURACIES OF 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) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (v) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE, AND/OR (vi) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FEEDBACK OR FOR ANY 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. U.P. DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE.
IN NO EVENT SHALL U.P., OR OUR AFFILIATES, OR OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR 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.
You agree to defend, indemnify and hold harmless U.P., 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 any feedback or content you post to the Site causes damages to a third party or infringes upon a third party’s intellectual property or other proprietary rights. This defense and indemnification obligation will survive these Terms.
You agree that U.P., in our sole discretion, may terminate your use of the website and any service provided through the website, and may remove and discard any content at any time, for any reason and without notice. Further, you agree that U.P. 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 Web Sites,”, “Appropriate Posts and Activity, “Proprietary Rights,” “Disclaimers and Limitation of Liability,” “Indemnification” and “Disputes.”
These Terms shall be governed by the laws of the State of New York without regard to its conflict of law provisions. If there is any dispute about or involving the Site, the Content provided on or through the Site, or these Terms, you agree to personal jurisdiction by and venue in the state and federal courts in New York.
We may, but are not required to: (a) monitor or review this Site for violations of this Agreement and for compliance with our policies; (b) report to law enforcement authorities and/or take legal action against anyone who violates this Agreement; (c) refuse, restrict access to or the availability of, or remove or disable (to the extent technologically feasible) any Contribution or any portion thereof that may violate this Agreement, the law or any of our policies or are excessive in size or burdensome without prior notice to you; and/or (d) 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 THIS AGREEMENT, 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 THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION.
Please note that 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. Please choose carefully the information you post on this Site and that you give to other Site users. You are discouraged from publicly posting the following information on this Site: your full name, telephone numbers and street addresses. Despite this prohibition, other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. You assume all risks associated with dealing with other users with whom you come in contact through this Site. We expect that you will use caution and common sense when using this Site.
These Terms constitute the entire agreement between you and U.P. with respect to your use of the Site or any Content, products or services provided through the Site, and supersedes any other agreement between you and U.P. with respect to the subject matter hereof. No waiver of any provision or condition of these Terms by U.P. shall be binding upon U.P. unless confirmed by a document signed by a duly authorized officer of U.P. No failure by U.P. to exercise and no delay by U.P. 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 U.P. preclude or limit U.P. 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 this Agreement is found to be unenforceable, the other provisions shall remain in full force and effect.