TILETABLE
TERMS OF SERVICE
Effective Date: May 1, 2026
Last Updated: October 24, 2026
1. Acceptance Of Terms
By accessing, browsing, or using the TileTable platform, including TileTableNYC, the TileTable website, mobile application, or any related services (collectively, the "Platform"), operated by TileTable LLC, a New York limited liability company ("TileTable," "we," "us," or "our"), you ("User," "you," or "your") acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"), together with our Privacy Policy, which is incorporated herein by reference. These Terms constitute a legally binding agreement between you and TileTable governing your access to and use of the Platform.
If you do not agree to these Terms in their entirety, you must immediately cease all use of the Platform and delete your account. Your continued access to or use of the Platform after the posting of any modifications to these Terms shall constitute your binding acceptance of such modifications. TileTable reserves the right to modify these Terms at any time, in its sole discretion, and such modifications shall be effective immediately upon posting to the Platform.
These Terms apply to all visitors, users, teachers, hosts, and others who access or use the Platform. Certain features of the Platform may be subject to additional terms, guidelines, or rules, which will be posted on the Platform in connection with such features. All such additional terms are incorporated by reference into these Terms.
2. Definitions
"Platform" means the TileTable website, TileTableNYC, the TileTable mobile application, application programming interfaces, Matching Algorithm, and all related services, features, content, and functionality offered by TileTable LLC, including any localized, city-specific, or regional versions of the foregoing.
"User" means any individual who creates an account on or otherwise accesses or uses the Platform, including but not limited to players, hosts, and Teachers.
"Teacher" means any individual who has been approved to offer mahjong instruction, classes, or educational content through the Platform pursuant to a separate Teacher Agreement.
"Content" means any text, images, photographs, audio, video, data, information, or other materials that are posted, uploaded, submitted, or otherwise made available on or through the Platform by any User or by TileTable.
"Matching Algorithm" means TileTable's proprietary algorithmic system to facilitate connections between Users for the purpose of organizing mahjong tables, events, and related social interactions.
"Events" means any in-person or virtual mahjong game, gathering, class, lesson, social activity, or other event that is facilitated, coordinated, or organized through the Platform, whether at a private residence, public venue, commercial establishment, or any other location.
"Host" means a User who provides a venue or location for an Event, whether at their private residence, a public space, a commercial establishment, or any other location.
"Venue" means any physical location where an Event takes place, including but not limited to private homes, apartments, community centers, restaurants, clubs, parks, and commercial establishments.
"Profile Data" means all information provided by a User through the Platform's profiling and onboarding and Feedback process.
"Sensitive Personal Data" means Profile Data that includes information data classified as sensitive under applicable federal, state, or local law.
"Table" means a group of Users matched by the Platform for the purpose of playing mahjong together at an Event.
"Feedback Data" means post-game User information aggregated to support system performance and Platform functionality.
"Stakes Preferences" means a User's indicated preference regarding whether monetary stakes are present during gameplay, as reflected through the "Money at the Table" feature on the Platform.
"Services" means all services provided by TileTable through the Platform, including but not limited to user matching, event facilitation, teacher listings, payment processing, and profile management.
3. Platform Nature And Role
3.1 Technology Provider
TileTable is a system for structured introduction. It creates the conditions under which people may meet, play, and learn. It does not control what follows. The Platform processes user-provided information through internal systems designed to facilitate connections between Users. Those systems operate independently, continuously, and without direct human oversight in individual outcomes.
TileTable provides technology infrastructure only. The Platform does not organize, supervise, direct, control, or manage any Event, any interaction between Users, any gameplay, any instruction, or any other activity that occurs as a result of connections made through the Platform. TileTable's role is strictly limited to providing the technology tools that enable Users to discover and connect with one another.
TileTable does not: supervise Users, manage Events, direct interactions, or control the environments in which connections occur. What happens during and after a match is made belongs entirely to the participants.
TileTable is not, and shall not be construed as, an employer, employee, agent, joint venturer, partner, fiduciary, trustee, supervisor, venue operator, event planner, social network, or public accommodation with respect to any User or any Event.
3.2 No Fiduciary Duty
TileTable owes no fiduciary duty, duty of care, duty of loyalty, or any other duty to any User, whether arising under contract, tort, statute, or any other legal theory. TileTable does not act as an agent, trustee, or advisor to any User. Nothing in these Terms or in TileTable's operation of the Platform shall create any fiduciary relationship between TileTable and any User.
3.3 No Duty to Match Safely
TileTable does not guarantee the safety, quality, suitability, compatibility, or character of any User, Host, Teacher, Venue, or Event. TileTable does not conduct background checks on Users (except as may be separately required for Teachers under the Teacher Agreement), does not verify User identities, does not inspect or approve Venues, and does not supervise Events. Users acknowledge that TileTable has no duty or obligation to ensure that matches, connections, or Events are safe, satisfactory, or free from risk.
3.5 Interactive Computer Service; Section 230
TileTable operates as an interactive computer service within the meaning of 47 U.S.C. Section 230(c). TileTable does not create, author, adopt, endorse, or verify User Content, Profile Data, or any other information provided by Users. TileTable’s provision of tools that enable Users to create profiles, express preferences, and connect with other Users does not make TileTable the information content provider with respect to such User-generated information. To the extent that the Platform processes User-provided data to generate match recommendations, such processing constitutes the exercise of a publisher’s traditional editorial functions and does not render TileTable liable for the underlying User Content or for the decisions, conduct, or representations of any User. Nothing in this Section shall be construed to limit the scope of TileTable’s disclaimers, limitations of liability, or assumption of risk provisions set forth elsewhere in these Terms. Users acknowledge that Section 230 immunity may not extend to all claims and that this provision is not a guarantee of immunity but a statement of TileTable’s operating framework.
4. Proprietary Systems And Trade Secrets
TileTable operates through proprietary systems, models, and processes (the “Matching Systems”). These systems: are confidential and commercially valuable, constitute trade secrets, and remain the exclusive property of TileTable. TileTable does not disclose: system logic or operational structure. Any description of Platform functionality is: conceptual only, illustrative in nature, and may not be representative of actual system operation. You agree not to: reverse-engineer or attempt to infer system behavior, test outputs to extract logic, or use the Platform to replicate or compete with its proprietary systems.
5. PLATFORM AND SYSTEMS – NO USER RELIANCE
The Platform generates output through automated processes. You acknowledge that output results may vary and that no outcome is guaranteed. You further agree not to rely on Platform outputs for safety or decision-making, that the Platform provide no advice or recommendations, and that you are solely responsible for your participation decisions.
6. No Duty Arising From Automation
The existence of Platform automated processing does not create any duty to monitor, to intervene, or a duty to prevent harm. The Platform system operation does not establish foreseeability, control, or any responsibility for User conduct. The Platform is a tool. It is not a decision-maker.
7. Eligibility
The Platform is available only to individuals who are at least eighteen (18) years of age and who have the legal capacity to enter into binding contracts under applicable law. By accessing or using the Platform, you represent and warrant that you are at least eighteen (18) years of age, that you have the legal capacity to enter into these Terms, and that you have not been previously suspended or removed from the Platform by TileTable.
No parent, guardian, or other individual may create an account or consent to these Terms on behalf of a minor. If TileTable discovers or has reason to believe that a User is under the age of eighteen (18), TileTable will promptly terminate that User's account and delete all associated data in accordance with its Privacy Policy. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary to maintain its accuracy and completeness.
5. Account Registration And Integrity
To access certain features of the Platform, you must register for an account by providing accurate, current, and complete information as prompted by the registration form. Each individual may maintain only one (1) account on the Platform. Creating multiple accounts, impersonating another person, or providing false, misleading, or incomplete information during the registration or profile creation process constitutes a material breach of these Terms and grounds for immediate termination.
You are solely responsible for maintaining the confidentiality of your account credentials, including your password, and for all activity that occurs under your account. You agree to immediately notify TileTable of any unauthorized use of your account or any other breach of security of which you become aware. TileTable shall not be liable for any loss or damage arising from your failure to protect your account credentials or from any unauthorized access to your account.
Your account is personal to you and may not be transferred, assigned, sold, or otherwise conveyed to any third party. TileTable reserves the right to suspend or terminate any account at any time if TileTable determines, in its sole discretion, that the User has provided inaccurate, outdated, or incomplete information, has violated these Terms, or has engaged in conduct that TileTable deems harmful to the Platform, other Users, or TileTable's interests.
The Platform’s automated systems are not intended to evaluate, score, or make determinations regarding any individual’s eligibility, character, or rights. Any outputs generated by the Platform reflect system-level processing of user-provided information and are not decisions within the meaning of any applicable automated decision-making or artificial intelligence regulation.
8. User Profile And Data Collection
As part of the Platform's matching functionality, Users provide extensive Profile Data across multiple stages of the onboarding and engagement process. This Profile Data includes, without limitation, personal and player attributes and factors. Following initial gameplay, Users may be prompted but are not required, to provide additional personal and player attributes and factors. Profile Data is used to enhance the functionality and performance of the Platform. By providing Profile Data, you expressly consent to its collection, storage, processing, and use by TileTable for matching purposes and as otherwise described in the Privacy Policy. Where possible, TileTable will store abstracted signals rather than raw answers to minimize the sensitivity of stored data. TileTable also collects Feedback Data through post-game surveys, and you acknowledge that such Feedback Data is used to refine and improve the Platform. For complete information about our data practices, please refer to our Privacy Policy. Reverse
TileTable does not verify the accuracy, completeness, or reliability of any Profile Data or Feedback Data and disclaims any responsibility for inaccuracies or omissions in such information
9. Matching And Platform Outputs
9.1 Platform and System Operation
The Platform processes a variety of inputs to generate potential connections. TileTable retains full discretion over: system structure, interpretation of inputs, and output generation. You have no right to: a particular match, an explanation, or access to system logic.
9.2 No Guarantees
TileTable makes no guarantee, representation, or warranty regarding the quality, frequency, suitability, compatibility, or outcome of any match generated by the Platform. Users acknowledge and agree that TileTable shall have no liability whatsoever for the outcomes of matches generated by the Platform.
9.3 "Shared If Mutual" Feature
The Platform includes a "Shared If Mutual" feature. By participating in this feature, you consent to the conditional disclosure of your relevant profile features to other Users who share the same interests. You may manage your participation in this feature through your account settings, as described in the Privacy Policy.
10. Events, Hosts, And Venues
The Platform facilitates connections between Users for the purpose of organizing mahjong Events. TileTable does not supervise or direct any Event. Each Host is solely and exclusively responsible for all aspects of any Event held at their Venue, including but not limited to the condition, safety, and suitability of the Venue; compliance with all applicable laws, regulations, and ordinances; obtaining any required permits, licenses, or insurance; providing adequate facilities; and ensuring the safety and well-being of all attendees.
TileTable does not verify, inspect, approve, or certify any Venue. TileTable makes no representation or warranty regarding the safety, legality, suitability, or condition of any Venue, whether a private residence, public space, or commercial establishment. Users acknowledge that attending Events at private residences presents different and potentially heightened risks compared to Events at public or commercial venues, and Users voluntarily accept all such risks.
TileTable shall have no liability whatsoever for any injury, damage, loss, theft, dispute, claim, or other incident arising out of or in connection with any Event, any Venue, any Host's actions or omissions, or any interaction between Users at an Event. Each User is solely responsible for their own conduct and safety before, during, and after any Event.
11. User Conduct
By using the Platform, you agree to comply with all applicable federal, state, and local laws, regulations, and ordinances. You further agree to treat all other Users with respect and courtesy, and to refrain from any conduct that is harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable. You agree not to harass, discriminate against, threaten, stalk, or intimidate any other User for any reason, including on the basis of race, ethnicity, religion, gender, gender identity, sexual orientation, disability, age, or any other protected characteristic.
You agree not to: (a) misrepresent your identity, qualifications, or any other information in your profile or communications; (b) use the Platform for any illegal purpose or in furtherance of any illegal activity; (c) attempt to reverse-engineer, decompile, disassemble, probing outputs repeatedly to infer system behavior, or otherwise attempt to discover the source code, underlying algorithms, or technical architecture of the Platform; (d) scrape, harvest, or otherwise collect data from the Platform by automated means or by any means not expressly authorized by TileTable; (e) circumvent, disable, or interfere with any security or access control features of the Platform; (f) use the Platform for any commercial purpose not expressly authorized by TileTable; (g) upload or transmit any virus, malware, or other harmful code; or (h) interfere with or disrupt the operation of the Platform or the servers or networks connected to the Platform.
TileTable reserves the right to investigate any suspected violation of these Terms and to take any action it deems appropriate, including but not limited to removing Content, suspending or terminating accounts, reporting violations to law enforcement, and pursuing any available legal remedies. TileTable may, in its sole discretion, remove any Content or terminate any account without prior notice and without liability.
12. Anti-Discrimination Framework
TileTable is committed to providing an inclusive and respectful platform for all Users and provides a variety of preference-based features. These features reflect the voluntary, user-directed choices of individual Users. TileTable operates as a technology intermediary and does not engage in discrimination against any User on the basis of any protected characteristic. The Platform implements these preferences as user-directed instructions; TileTable does not independently select, enforce, or advocate for any preference or any resulting table composition. TileTable does not endorse, adopt, implement, or enforce any particular User's preferences. TileTable's role is limited to providing the technology infrastructure that enables Users to discover connections based on their stated preferences.
TileTable is aware of and endeavors to to comply with the New York State Human Rights Law, the New York City Human Rights Law, Title III of the Americans with Disabilities Act, and all other applicable federal, state, and local anti-discrimination laws. Users are solely responsible for ensuring that their own conduct, both on and off the Platform, complies with all applicable anti-discrimination laws. TileTable reserves the right to remove, modify, or restrict any user-directed preference feature if TileTable determines, in its sole discretion, that continued availability of such feature creates unacceptable legal risk or conflicts with applicable law.
13. Gambling And Stakes Disclaimer
The Platform includes a "Money at the Table" feature that allows Users to indicate their preferences regarding the presence of monetary stakes during gameplay. This feature is solely a preference-matching signal and does not constitute facilitation, promotion, endorsement, organization, or supervision of any gambling or wagering activity by TileTable. TileTable does not facilitate, process, hold, transmit, or manage any wagers, bets, stakes, pots, or other monetary transactions related to gameplay. TileTable does not take any rake, commission, percentage, or other compensation from any wagering activity between Users. The Platform does not operate as a gambling establishment, card room, or gaming facility within the meaning of any federal or state gambling statute.
Users are solely and exclusively responsible for their compliance with all applicable federal, state, and local laws regarding gambling, wagering, and games of chance, including but not limited to the New York Penal Law provisions regarding social gambling (New York Penal Law Section 225.00 et seq.) and any other applicable gaming regulations. Users acknowledge that social gambling exceptions under applicable law typically require, among other conditions, that no person other than a player profits from the gambling activity. TileTable makes no representation regarding the legality of any gambling or wagering activity in any jurisdiction, and TileTable does not provide legal advice regarding the applicability of any gambling law to any User’s conduct, and shall have no liability for any gambling or wagering activity that occurs between Users, whether at an Event or otherwise.
14. Payments
All payments made through the Platform, including but not limited to payments for classes, events, subscriptions, and other services, are processed through third-party payment processors. By making a payment through the Platform, you agree to the terms and conditions of the applicable third-party payment processor. TileTable is not responsible for the acts, omissions, errors, or failures of any third-party payment processor.
Unless otherwise required by applicable law, all payments are final and non-refundable. TileTable is not responsible for any payment errors, unauthorized transactions, or disputes between Users regarding payments. Any refund requests must be submitted in accordance with TileTable's refund policy, as posted on the Platform and amended from time to time. TileTable reserves the right to modify its pricing, fee structure, and payment terms at any time without prior notice.
15. Assumption Of Risk
BY USING THE PLATFORM AND PARTICIPATING IN ANY EVENT, YOU VOLUNTARILY ASSUME ALL RISKS, KNOWN AND UNKNOWN, ASSOCIATED WITH SUCH USE AND PARTICIPATION, INCLUDING BUT NOT LIMITED TO THE RISKS DESCRIBED IN THIS SECTION.
You acknowledge and agree that the Platform facilitates connections between strangers and that meeting individuals you do not know, whether at private residences, public venues, commercial establishments, or any other location, involves inherent and significant risks. These risks include, without limitation: personal injury, including bodily harm, illness, or death; property damage, loss, or theft; emotional distress, psychological harm, or trauma; exposure to communicable diseases, allergens, or other health hazards; food or beverage-related illness or allergic reaction; misconduct, harassment, assault, or criminal activity by other Users or third parties; travel-related risks, including vehicle accidents, traffic incidents, and parking-related damage; adverse weather conditions; and any other risks inherent in social interactions between individuals.
You further acknowledge and agree that TileTable does not perform background checks on Users (except as separately required for Teachers), does not verify User identities or the accuracy of User profiles, does not inspect, approve, or certify any Venue, does not supervise or monitor any Event, and does not provide any security, first aid, or emergency services at any Event. TileTable has no duty to investigate the character, background, fitness, or suitability of any User, Host, or Teacher.
YOU EXPRESSLY WAIVE AND RELEASE TILETABLE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS, AND CAUSES OF ACTION WHATSOEVER, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR RELATED TO ANY LOSS, DAMAGE, INJURY, OR DEATH THAT MAY BE SUSTAINED BY YOU, OR TO ANY PROPERTY BELONGING TO YOU, IN CONNECTION WITH YOUR USE OF THE PLATFORM OR YOUR PARTICIPATION IN ANY EVENT, HOWEVER CAUSED, WHETHER BY NEGLIGENCE OR OTHERWISE.
You are solely responsible for exercising your own judgment and discretion regarding your participation in Events, your interactions with other Users, and your attendance at any Venue. TileTable strongly encourages all Users to take appropriate precautions, including but not limited to informing friends or family of their plans, meeting in public locations when possible, and trusting their own instincts regarding personal safety.
16. Intellectual Property
16.1 TileTable Intellectual Property
The Platform, including but not limited to its design, layout, look, appearance, graphics, software, source code, object code, Matching Algorithm, data compilations, text, images, trademarks, service marks, logos, and all other intellectual property and proprietary content (collectively, "TileTable IP"), is owned by or licensed to TileTable and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, or otherwise exploit any TileTable IP without TileTable's prior written consent.
16.2 User Content License
You retain ownership of any Content you submit, post, or otherwise make available through the Platform ("User Content"). However, by submitting User Content to the Platform, you grant TileTable a non-exclusive, worldwide, royalty-free, sublicensable, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the operation and promotion of the Platform. This license survives termination of your account.
16.3 DMCA and Takedown
TileTable respects the intellectual property rights of others. If you believe that your intellectual property rights have been infringed by Content on the Platform, you may submit a notice pursuant to the Digital Millennium Copyright Act (17 U.S.C. Section 512) to TileTable's designated copyright agent. TileTable will respond to valid notices in accordance with applicable law.
17. Termination
TileTable may terminate or suspend your account and access to the Platform, in whole or in part, at its sole and absolute discretion, at any time, for any reason or no reason, with or without cause, and with or without prior notice. Grounds for termination include, without limitation, violation of these Terms, conduct that TileTable deems harmful to the Platform or other Users, inactivity, failure to provide accurate information, or any other reason TileTable deems appropriate.
Upon termination, your right to access and use the Platform shall immediately cease. TileTable shall have no obligation to maintain, store, or provide you with any data associated with your account, except as required by applicable law or as set forth in the Privacy Policy. Termination of your account shall not relieve you of any obligations incurred prior to termination, including without limitation payment obligations, indemnification obligations, and any liability for violations of these Terms.
The following provisions shall survive termination of these Terms and your account: Sections 2 (Definitions), 13 (Assumption of Risk), 14 (Intellectual Property), 16 (Disclaimer of Warranties), 17 (Limitation of Liability), 18 (Indemnification), 19 (Dispute Resolution and Arbitration), 20 (Governing Law), and any other provisions that by their nature should survive termination.
18. Disclaimer Of Warranties
THE PLATFORM AND ALL SERVICES, CONTENT, FEATURES, AND FUNCTIONALITY PROVIDED THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TILETABLE DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, AND STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, COMPLETENESS, AND AVAILABILITY.
TILETABLE DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE PLATFORM OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. TILETABLE DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE PLATFORM, INCLUDING ANY PROFILE DATA, MATCHING RECOMMENDATIONS, OR USER CONTENT.
TILETABLE MAKES NO WARRANTY OR REPRESENTATION REGARDING THE QUALITY, SUITABILITY, SAFETY, OR COMPATIBILITY OF ANY MATCH, CONNECTION, EVENT, HOST, TEACHER, VENUE, OR USER. YOUR USE OF THE PLATFORM AND YOUR RELIANCE ON ANY INFORMATION PROVIDED THROUGH THE PLATFORM IS ENTIRELY AT YOUR OWN RISK.
19. Limitation Of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TILETABLE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, SERVICE PROVIDERS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE PLATFORM, ANY EVENT, ANY INTERACTION WITH ANY USER, OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR OTHERWISE) AND EVEN IF TILETABLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF TILETABLE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, SERVICE PROVIDERS, SUCCESSORS, AND ASSIGNS, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE PLATFORM, SHALL NOT EXCEED THE GREATER OF (A) ONE HUNDRED UNITED STATES DOLLARS ($100.00) OR (B) THE TOTAL AMOUNT OF FEES PAID BY YOU TO TILETABLE DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER TILETABLE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, TILETABLE'S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
20. Indemnification
You agree to indemnify, defend, and hold harmless TileTable, its officers, directors, employees, agents, affiliates, successors, and assigns (collectively, the "TileTable Indemnitees") from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or in connection with: (a) your use of or access to the Platform; (b) your violation of these Terms or any applicable law, regulation, or ordinance; (c) your violation of any rights of any third party; (d) your User Content; (e) your interaction with any other User, whether on or off the Platform; (f) your attendance at or participation in any Event; (g) any injury, damage, or loss sustained by you or any third party at any Venue or Event; (h) your tax obligations; (i) any misrepresentation made by you; or (j) any dispute between you and any other User.
TileTable reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the TileTable Indemnitees, and you agree to cooperate fully with TileTable's defense of such claims. You agree not to settle any such claim without the prior written consent of TileTable. This indemnification obligation shall survive the termination of these Terms and your account.
21. Dispute Resolution And Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL. BY AGREEING TO THESE TERMS, YOU AGREE TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION AS DESCRIBED BELOW.
21.1 Binding Arbitration
Except as expressly provided in Section 19.4, any dispute, controversy, or claim arising out of or relating to these Terms, the Platform, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules then in effect. The seat and venue of arbitration shall be New York, New York. The arbitration shall be conducted by a single arbitrator selected in accordance with the AAA rules. The arbitrator shall apply New York substantive law. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Each party shall bear its own costs and expenses in connection with the arbitration, provided that the arbitrator may award reasonable attorneys' fees and costs to the prevailing party.
21.2 Class Action Waiver
YOU AND TILETABLE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. YOU AGREE TO WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST TILETABLE.
21.3 Mass Arbitration Waiver
If twenty-five (25) or more similar arbitration demands are filed against TileTable within a sixty (60) day period by or with the assistance of the same law firm, group of law firms, or organization ("Mass Filing"), the following bellwether process shall apply: (a) the AAA shall randomly select ten (10) individual arbitration demands from the Mass Filing to proceed as bellwether cases; (b) all other arbitration demands within the Mass Filing shall be stayed pending resolution of the bellwether cases; (c) the bellwether cases shall be resolved individually through arbitration in accordance with Section 19.1; (d) following resolution of the bellwether cases, the parties shall engage in good-faith mediation of any remaining claims for thirty (30) days; (e) if mediation does not resolve the remaining claims, the results and reasoning of the bellwether cases shall inform and guide the resolution of the remaining claims, which may proceed in batches as agreed by the parties or ordered by the arbitrator. All applicable statutes of limitation and filing deadlines shall be tolled during the bellwether and mediation process.
21.4 Exception for Injunctive Relief
Notwithstanding the foregoing provisions of this Section 19, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights, to address unauthorized access to or misuse of the Platform, or to enforce confidentiality obligations. Such proceedings shall not constitute a waiver of the right to compel arbitration of any other dispute.
21.5 Severability of Arbitration Provisions
If the class action waiver set forth in Section 19.2 is found to be unenforceable with respect to any particular claim or request for relief, then the parties agree that such claim or request for relief shall proceed in a court of competent jurisdiction rather than in arbitration, and the claim shall not be pursued on a class-wide basis in arbitration. If any other provision of this Section 19 is found to be unenforceable, the remaining provisions shall remain in full force and effect.
21.6 Survival
This arbitration provision shall survive the termination of these Terms and the closure or deletion of your account.
22. Governing Law
These Terms, and any dispute arising out of or relating to these Terms or the Platform, shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any other jurisdiction. TileTable operates in compliance with the New York Stop Hacks and Improve Electronic Data Security Act ("SHIELD Act") and all other applicable New York state laws and regulations.
To the extent that any claim or dispute is permitted to proceed in court (whether by reason of an exception to the arbitration clause or because the arbitration clause is found to be unenforceable), you and TileTable agree to submit to the exclusive personal jurisdiction of the state and federal courts located in New York County, New York, and you waive any objection to jurisdiction or venue in such courts.
23. Modifications
TileTable reserves the right to modify, amend, supplement, or replace these Terms at any time, in its sole discretion. Modifications will be effective immediately upon posting the revised Terms on the Platform. TileTable may also provide notice of material changes via email to the address associated with your account or through a prominent notice on the Platform. Your continued use of the Platform after the posting of revised Terms constitutes your binding acceptance of such revised Terms. If you do not agree to the revised Terms, you must immediately cease all use of the Platform and delete your account.
TileTable may, in its sole discretion, discontinue, modify, or alter any aspect of the Platform, including but not limited to the Matching Algorithm, features, functionality, content, and availability, at any time without prior notice or liability.
24. Miscellaneous
24.1 Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms, and these Terms shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. The remaining provisions shall continue in full force and effect.
24.2 Entire Agreement
These Terms, together with the Privacy Policy and any other agreements expressly referenced herein, constitute the entire agreement between you and TileTable regarding your use of the Platform and supersede all prior and contemporaneous agreements, understandings, representations, and warranties, both written and oral, regarding the subject matter hereof.
24.3 No Waiver
The failure of TileTable to enforce any provision of these Terms shall not constitute a waiver of such provision or the right to enforce it at a later time. A waiver of any provision of these Terms shall be effective only if in writing and signed by an authorized representative of TileTable.
24.4 Assignment
TileTable may assign, transfer, or delegate its rights and obligations under these Terms to any third party without your prior consent, including in connection with a merger, acquisition, reorganization, or sale of all or substantially all of TileTable's assets. You may not assign, transfer, or delegate your rights or obligations under these Terms without TileTable's prior written consent.
24.5 Force Majeure
TileTable shall not be liable for any delay or failure to perform its obligations under these Terms to the extent that such delay or failure is caused by events beyond TileTable's reasonable control, including but not limited to acts of God, natural disasters, epidemics, pandemics, war, terrorism, riots, civil unrest, government actions or orders, strikes, labor disputes, utility failures, internet outages, cyberattacks, or any other event of force majeure.
24.6 Notices
TileTable may provide notices to you under these Terms by posting on the Platform, sending an email to the address associated with your account, or by any other method TileTable reasonably selects. Notices from you to TileTable must be sent to the contact information set forth in Section 23.
24.7 No Third-Party Beneficiaries
These Terms are for the sole benefit of TileTable and the Users and do not create any third-party beneficiary rights in any person or entity.
24.8 Electronic Communications
By using the Platform, you consent to receiving electronic communications from TileTable, including emails, push notifications, and in-app messages. You agree that all agreements, notices, disclosures, and other communications that TileTable provides to you electronically satisfy any legal requirement that such communications be in writing.
25. Contact Information
If you have any questions, concerns, or complaints regarding these Terms or the Platform, please contact us at:
TileTable LLC
Attn: Legal Department
Email: lauren@tiletable.app
[END OF TERMS OF SERVICE]
TileTable