Terms of Service
Last Updated and Effective Date: March 14, 2023
For residents of Québec: Please scroll down to review the Terms of Service in French.
BarView is operated by BarView App, Inc., located at 222 Broadway, 17th Floor, New York, NY 10038 (“BarView,” “we,” “us,” or “our”). These Terms of Service govern your access to and use of our websites, applications (including the BarView App), systems, social media accounts, and any other services we provide (collectively, the “Services”).
Your access to and use of the Services are subject to these Terms of Service and all applicable laws. By accessing or using any portion of the Services, you agree—without limitation or qualification—to be bound by these Terms. If you do not agree to all of these Terms, you are not authorized to use the Services.
These Terms of Service include an arbitration agreement and a waiver of class action rights that apply to users residing in the United States, Canada, and Mexico. Please review them carefully, as they impact your legal rights.
Privacy Policy: Your use of the Services is also governed by BarView’s Privacy Policy, which is incorporated into and forms part of these Terms of Service.
Authorized Use of the Services:
The Services are made available solely for your personal, non-commercial use and for informational purposes. Any use of the Services beyond these permitted purposes requires BarView App prior written approval.
Eligibility, Suspension & Termination:
By using the Services, you represent and warrant that you are at least eighteen (18) years old or have reached the age of majority in your jurisdiction of residence. If you do not meet this requirement, you are not permitted to use the Services.
BarView App reserves the right, at its reasonable discretion, to refuse service to any individual or entity, including canceling reservations or transactions where required by law or following termination of an account. We may suspend or terminate any account containing intentionally false or misleading information. Additionally, BarView App reserves the right to terminate any accounts associated with a user who violates these Terms of Service.
Authorized Use of the Services
The Services are intended solely for your personal, non-commercial use and for informational purposes. Any other use requires prior written approval from BarView App
Eligibility, Suspension, and Termination
By using the Services, you represent and warrant that you are at least 18 years old or have reached the age of majority in your jurisdiction. If you do not meet this requirement, you are not permitted to use the Services.
BarView App reserves the right, at its sole discretion, to refuse service to any individual or entity, including canceling reservations or transactions when required by law or following account termination. Accounts containing intentionally false or inaccurate information may be suspended or terminated. BarView App also reserves the right to terminate any or all accounts associated with a user who violates these Terms of Service.
Registration
Certain features of the Services may be accessed without creating an account. However, to make a reservation (“Reservation”) or join a restaurant waitlist (“Notify”), you must create a BarView App account (“Account”). You may register by:
(i) providing an email address and password;
(ii) completing mobile verification; or
(iii) logging in through a supported third-party authentication service (“Third-Party Account”).
You agree to provide accurate, current, and complete information and to keep your Account details updated. You may not:
(i) use a username intended to impersonate another person;
(ii) use a username subject to another person’s rights without authorization; or
(iii) use a username that is offensive, vulgar, or obscene.
You are responsible for all activity under your Account and for safeguarding your login credentials. You must promptly notify us of any changes affecting your eligibility, security breaches, or unauthorized use of your Account. Login credentials should never be shared publicly.
For details on how your personal information is collected and protected, please refer to our Privacy Policy.
You may delete your Account at any time through the “Delete Your Account” feature in the BarView Appor by contacting Support@barviewapp.com. Once deleted, you will lose access to the Services and must coordinate any upcoming Reservations directly with the Restaurant.
Restaurant Listings
Restaurants displayed on the BarView website or app include those with a direct contractual relationship with BarView App, as well as those available through third-party reservation networks or platforms. Search results are based on your selected filters. Restaurants appearing at the top of results may reflect proximity to your selected location or your current location if you have enabled location services through the BarView Appor your browser.
Fees and Billing
- Billing.
Certain Restaurants may require you to provide payment information in advance. This may apply when: (i) the Restaurant requires prepayment; (ii) the Restaurant imposes a cancellation fee; or (iii) the Restaurant requires a credit or debit card on file to secure a Reservation. These requirements will be clearly disclosed on the Restaurant’s reservation page.
When you make a Reservation that requires advance payment or payment details, you will be prompted to provide your credit or debit card information. You may choose to securely store this information in your Account for future Reservations unless you update or remove it.
By submitting your payment information through the Services, you authorize BarView to share your payment details with a third-party payment processor (“Payment Processor”) to facilitate transactions related to your use of the Services. BarView is not responsible for any errors made by the Payment Processor.
By completing a Reservation, you agree to pay all applicable fees through the Payment Processor in accordance with the relevant payment terms. You authorize the Restaurant or BarView, acting through the Payment Processor, to charge your selected payment method (“Payment Method”). You agree to use your designated Payment Method for all applicable charges.
- Payment Method.
Your payment terms are governed by your Payment Method and any agreements between you and your financial institution, credit card issuer, or other payment provider. Transactions are subject to authorization and validation by your Payment Method provider. BarView is not responsible if your payment provider declines a transaction for any reason.
Reservations
Reservations are not confirmed until you receive a confirmation notice through the Services via email and/or text message.
BarView provides access to Reservations for Restaurants that use BarView’s reservation booking software. In addition, BarView may enable bookings through third-party reservation networks or platforms.
When you make a Reservation, you are entering into an agreement directly with the Restaurant. BarView is not responsible for the Restaurant, its services, including food and beverage offerings, or any decisions, actions, or omissions by the Restaurant. Any complaints regarding service should be addressed directly to the Restaurant.
As described in our Privacy Policy, you authorize BarView to share your account details, reservation information, and other provided data with relevant third parties as necessary to process your Reservation. You also agree to receive transactional emails and/or text messages from such reservation networks or platforms solely for the purpose of managing and fulfilling your Reservations.
BarView is not responsible for third-party products or services and makes no representations or warranties regarding them. Reservations made through third-party booking networks are also subject to the applicable terms and privacy policies of those networks. You will be presented with those terms and policies during the reservation process.
Cancellation / No-Show Policy and Fees
We understand that unforeseen circumstances may occasionally prevent you from honoring your Reservation. Unless otherwise specified, BarView or the Restaurant reserves the right to cancel your Reservation if you fail to check in within fifteen (15) minutes of your scheduled Reservation time. Such a cancellation, or a complete failure to appear, may be classified as a “No Show.”
No Shows are recorded on your Account. BarView reserves the right, in its reasonable discretion, to suspend or terminate your access to the Services — including your ability to make Reservations — if your Account accumulates an excessive number of No Shows. By using the Services, you agree that BarView will make all final determinations regarding No Show designations in its reasonable discretion.
If you believe a No Show has been incorrectly applied to your Account, you may dispute it by contacting us at Support@barviewapp.com
A No Show may also result in cancellation fees charged by the Restaurant or forfeiture of any prepaid Reservation amounts. Additionally, some Restaurants require advance notice to cancel a Reservation in accordance with their individual cancellation policies. These policies — including applicable deadlines and fees — will be displayed on the reservation page prior to booking and included in your Reservation confirmation.
To avoid cancellation fees or loss of prepaid amounts, you are encouraged to follow the Restaurant’s stated cancellation policy. If you wish to dispute a No Show designation, cancellation fee, or non-refundable prepayment, you must contact the Restaurant directly. BarView is not responsible for the Restaurant’s decisions or actions related to such disputes.
Global Third-Party Booking Platforms
BarView may allow users to make Reservations through third-party booking networks or platforms. In accordance with our Privacy Policy, you authorize BarView to share your Account information, Reservation details, and other relevant information with these third parties solely for the purpose of facilitating your Reservation. You also agree to receive transactional communications from such booking networks or platforms as necessary to complete your Reservation.
BarView is not responsible for the products or services provided by these third parties and makes no representations or warranties regarding them. Reservations made through an external booking network or platform are subject to the terms, conditions, and privacy policies of that respective network or platform.
Usage Guidelines
Users of the Services must comply with the following guidelines:
- You may not use the Services for any purpose prohibited by these Terms of Service. You are responsible for all activity conducted through your Account. Violations of these Terms may result in actions including cancellation of Reservations and termination of your access to the Services.
- You may not permit another individual to use your Account, including to make or manage Reservations. However, concierges or administrative assistants may be authorized to manage Reservations on behalf of another user, subject to BarView’s approval.
- You may not resell, transfer, or attempt to resell or transfer any Reservation.
- You may not hold more than one Reservation for personal use during the same mealtime.
- You may not create or use multiple Accounts to bypass Reservation restrictions or limitations.
- By making a Reservation, you agree to honor it by arriving on time and paying your bill in full. Please review the Cancellation/No-Show Policy and Fees section for additional details.
- You must not interfere with a Restaurant’s operations, including through repeated cancellations, inappropriate behavior, or failure to pay your bill.
- When engaging with BarView on social media, you must remain respectful and appropriate. You may not post unauthorized or unsolicited advertising, spam, hyperlinks, or content protected by copyright, trademark, or other proprietary rights without authorization. You may not post content that is offensive, inappropriate, discriminatory, disruptive, harassing, defamatory, or otherwise objectionable. Such content may be removed or hidden at BarView’s discretion. BarView reserves the right to remove any content that violates these Terms or is otherwise deemed objectionable in its sole discretion.
- You may not (and may not permit any third party to):
- (a) take any action, or
- (b) upload, download, post, submit, distribute, or facilitate the distribution of any content through the Services (including User Content) that:
- Infringes upon any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any person or entity, or violates any law or contractual obligation;
- Is knowingly false, misleading, or inaccurate;
- Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of privacy, obscene, vulgar, pornographic, profane, contains illegal nudity or sexual activity, promotes unlawful conduct, false advertising, health code violations, intentional overcharging, or is otherwise inappropriate as determined by BarView in its sole discretion;
- Constitutes unauthorized or unsolicited advertising or bulk communications (“spam”);
- Contains software viruses or any code, file, or program designed to disrupt, damage, or interfere with software, hardware, telecommunications equipment, or to gain unauthorized access to systems, data, or information;
- Impersonates any person or entity, including BarView employees or representatives; or
- Includes identification documents or sensitive financial information belonging to another person.
- You may not:
- Interfere with or disrupt the proper functioning of the Services or related activities;
- Attempt to bypass or circumvent security measures designed to restrict access to the Services or related systems;
- Use auto-responders, bots, or spam tools on the Services;
- Use manual or automated tools (such as crawlers or spiders) to access or extract data from the Services;
- Harvest, scrape, or collect content or data from the Services; or
- Otherwise violate BarView’s policies or guidelines.
- You may not, directly or indirectly:
- Decipher, decompile, disassemble, reverse engineer, or attempt to derive source code or underlying algorithms of any portion of the Services (including applications), except where expressly permitted by applicable law;
- Modify, translate, or create derivative works from any part of the Services; or
- Copy, rent, lease, distribute, or transfer any rights granted to you under these Terms.
You agree to comply with all applicable local, state, national, and international laws and regulations when using the Services.
Here is the rephrased version with Resy replaced by BarView:
Proprietary Rights
BarView owns, or is licensed to use, all components of the Services, including but not limited to text, software, graphics, designs, copyrights, trademarks, service marks, trade names, logos, and other intellectual property or proprietary rights contained within the platform. Certain materials displayed on the Services may belong to third parties who have granted BarView permission to use and display such content.
By accessing or using the Services, you agree not to copy, reproduce, distribute, modify, or create derivative works from any materials without the prior written consent of the rightful owner. Except as expressly provided in these Terms of Service, no license or ownership rights are granted to you through your use of the Services. All rights not expressly granted under these Terms are reserved by BarView.
No Unsolicited Ideas
BarView does not accept unsolicited ideas, proposals, or suggestions from outside the company, including but not limited to ideas related to advertising, promotions, product merchandising, service enhancements, or business methods. BarView may already be developing—or may later develop—similar concepts independently. This policy is intended to avoid disputes regarding ownership.
If you nonetheless submit an unsolicited idea, you acknowledge that it is not submitted in confidence and that BarView assumes no obligation, express or implied, in reviewing or considering it. You further agree that BarView will exclusively own all existing and future rights to the idea worldwide, and you irrevocably assign all such rights to BarView.
To the extent that any assignment is deemed unenforceable, or to the extent necessary for BarView to utilize your submission, you grant BarView an irrevocable, perpetual, worldwide, royalty-free license to use, reproduce, modify, distribute, and otherwise exploit the idea and any associated intellectual property in any medium now known or later developed, without compensation to you.
Third Parties
When you use the Services, BarView’s role is to provide a platform that connects users with Restaurants. BarView does not provide, endorse, or guarantee any third-party products, services, or information.
BarView is not affiliated with the third parties featured on or accessed through the Services (including, without limitation, Restaurants) and is not responsible for their products, services, actions, or omissions.
The Services may contain links to third-party websites or applications that are not owned or controlled by BarView. Likewise, other websites or applications may reference or link to the Services. We encourage you to review the terms of service and privacy policies of any third-party website or application you visit. BarView is not responsible for the content, policies, or practices of such external websites or applications.
No Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
- While BarView makes reasonable efforts to provide current and accurate information through the Services, and except for any express warranties specifically stated in these Terms of Service, BarView makes no representations or warranties regarding the accuracy, reliability, or completeness of any information available on the Services.
- Your use of the Services is at your own risk. The Services, including all content made available on or accessed through the platform, are provided on an “as is” and “as available” basis. BarView makes no warranties or representations of any kind regarding the content or operation of the Services.
- BarView expressly disclaims all warranties, whether express or implied, including but not limited to warranties of non-infringement, title, merchantability, and fitness for a particular purpose.
- BarView does not guarantee that the functions or features of the Services, or any materials or content contained therein, will be uninterrupted, secure, or error-free; that defects will be corrected; or that the Services or the servers that make them available are free from viruses or other harmful components.
- BarView shall not be liable for your use of the Services, including any reliance on content or errors or omissions contained within the Services.
- Under no circumstances shall BarView be liable under any theory of tort, contract, strict liability, or other legal or equitable theory for any lost profits, lost data, lost business opportunities, costs of substitute services, exemplary damages, punitive damages, personal injury, wrongful death, special, incidental, indirect, or consequential damages arising out of or relating to your breach of, or failure to comply with, these Terms of Service. Nothing in this provision limits any legal rights you may have under mandatory laws applicable in your country of residence.
In no event shall BarView’s total liability for direct damages exceed the greater of:
(a) the total fees you paid to BarView for products or Services during the twelve (12) months preceding the event giving rise to the claim; or
(b) one hundred U.S. dollars (USD $100).
You may have rights under mandatory consumer protection laws in your country of residence that cannot be excluded or limited by contract. Where such laws apply, BarView’s liability will be determined in accordance with those mandatory laws in addition to these Terms of Service.
User Content
- Content You Post
Certain features of the Services may allow you to post comments, photos, videos, or other materials (“User Content”). You may only post User Content that you have created yourself or that you have been authorized to share by the rightful owner.
If your User Content includes images or information about anyone other than yourself, you must have that person’s consent before posting. If the individual is a minor, you must obtain permission from their parent or legal guardian. BarView may request proof of such permission.
You may not post or distribute any User Content that is unlawful or violates these Terms of Service. By submitting User Content, you represent and warrant that:
(a) you own or have all necessary rights and permissions to use and distribute the User Content; and
(b) the User Content does not and will not infringe upon any copyright, right of publicity, or other third-party right, nor violate any law or regulation.
By posting or submitting User Content, you grant BarView an irrevocable, perpetual, worldwide, royalty-free right and license to use, reproduce, display, perform, distribute, modify, adapt, and promote such User Content in any media now known or later developed. Once submitted, BarView is not required to provide you with the opportunity to review or approve its use, nor is BarView obligated to compensate you for any use of the User Content.
BarView retains all rights, title, and interest in any compilations, collective works, or derivative works it creates that incorporate your User Content. You are solely responsible for the content you post and for any consequences arising from your postings.
- Content Posted by Others
BarView is not responsible for content or materials posted by third parties. This includes, without limitation, any errors or omissions in such content or any loss or damage resulting from your reliance on or use of it.
BarView does not pre-screen all content; however, BarView and its designees reserve the right — but not the obligation — to review, refuse, remove, or restrict access to any content in their sole discretion. This includes User Content that violates these Terms of Service or that BarView determines to be objectionable.
BarView does not endorse or guarantee the accuracy, completeness, reliability, or truthfulness of any content or communications posted through the Services, nor does it endorse any opinions expressed therein. By using the Services, you acknowledge that you may encounter content that is offensive, harmful, inaccurate, misleading, mislabeled, or otherwise inappropriate.
Under no circumstances will BarView be liable for any content made available through the Services, including any errors or omissions, or for any loss or damage arising from the use of such content.
Digital Millennium Copyright Act (DMCA) Notice
The Services may include materials submitted by users or other third parties that are not under BarView’s control. BarView is not obligated to monitor or screen content for unlawful or infringing material. However, BarView respects the intellectual property rights of others and does not knowingly permit infringing material to remain on the Services.
If you believe that any content on the Services infringes your copyright, you must provide written notice containing at least the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the allegedly infringed exclusive right;
- Identification of the copyrighted work claimed to have been infringed (or, if multiple works are covered, a representative list);
- Identification of the material claimed to be infringing, including sufficient information to allow BarView to locate the material;
- Contact information for the complaining party, including address, telephone number, and, if available, email address;
- A statement that the complaining party has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information provided is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.
All DMCA notices should be directed toBarView’s designated agent.
Changes
All information made available through the Services is subject to modification without prior notice. BarView reserves the right to update or revise these Terms of Service at any time.
Any updates will be posted on the BarView website or app. Material changes to the Terms of Service will become effective no earlier than fourteen (14) days after they are posted. All other updates will take effect immediately upon publication.
You are encouraged to review the website or app regularly to stay informed of any changes. Your continued use of the Services after updated Terms are posted constitutes your acceptance of those changes. If you do not agree to the revised Terms, you must discontinue use of the Services immediately.
Indemnification
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless BarView and its employees, directors, officers, agents, affiliates, business partners, contractors, distribution partners, and representatives from and against any and all claims, demands, liabilities, damages, losses, costs, or expenses — including reasonable attorneys’ fees — arising out of or related to:
(i) your use of the Services;
(ii) your breach of these Terms of Service; or
(iii) your violation of any applicable law or regulation.
Severability
If any provision of these Terms of Service is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, that provision will be deemed ineffective only to the extent of such invalidity or unenforceability and will not affect the validity or enforceability of the remaining provisions.
In such cases, the invalid or unenforceable provision will be interpreted or modified to best achieve its intended purpose within the limits permitted by applicable law.
Waiver; Remedies
BarView’s failure to enforce any right or provision of these Terms of Service, or any waiver of a breach by you (whether partial or complete), will not prevent BarView from exercising that right in the future and will not be considered a waiver of any subsequent breach of the same or any other provision.
All rights and remedies available to BarView under these Terms of Service or any other agreement between you and BarView are cumulative. The exercise of one right or remedy does not preclude the exercise of any other right or remedy available under applicable law.
Governing Law; Dispute Resolution; Arbitration
These Terms of Service are governed by the laws of the State of New York. However, if you are a consumer residing outside of New York, you will retain the benefit of any mandatory provisions of the laws in your country of residence. Such mandatory local laws will take precedence over New York law where applicable. Nothing in these Terms, including the selection of New York law, limits your rights as a consumer under mandatory local consumer protection laws.
BarView will make reasonable efforts to resolve any disputes informally. If those efforts are unsuccessful, you agree that any and all claims, disputes, or controversies against BarView arising out of or relating to these Terms of Service or the purchase or use of any products or Services (“Claims”) will be resolved through final and binding arbitration, except for matters that may be properly brought in small claims court.
This agreement to arbitrate applies regardless of the legal theory asserted or the type of relief sought (including damages, injunctive relief, or declaratory relief). It includes Claims based on contract, tort (including intentional tort), fraud, agency, negligence, statutory or regulatory provisions, or any other legal theory. It also applies to counterclaims, cross-claims, third-party claims, interpleader claims, and Claims brought individually or in combination with others.
Any arbitration must be initiated with the American Arbitration Association (AAA) and conducted in accordance with its applicable rules and procedures. Any in-person arbitration hearing you attend will take place in the city where the U.S. District Court nearest to your current residential address is located, unless you and BarView agree in writing to a different location. The arbitrator will apply New York law in accordance with the Federal Arbitration Act.
You agree that you may not consolidate Claims with those of other users, nor may you participate in arbitration as a representative, member of a class, or in a private attorney general capacity.
Information about the AAA’s current rules, as well as forms and instructions for initiating arbitration, may be obtained directly from the American Arbitration Association.
Claims will be resolved by a single, neutral arbitrator. The arbitrator must be either an attorney with at least ten (10) years of professional experience or a retired or former judge, selected in accordance with the rules of the American Arbitration Association (AAA).
The arbitration will be conducted under the AAA’s rules and procedures in effect at the time the arbitration is initiated, unless those rules conflict with these Terms of Service. In the event of a conflict, these Terms will control. The applicable rules may limit the scope of discovery available to either party.
Upon request by either party, the arbitrator will take reasonable measures to protect confidential information, including customer account details and other sensitive materials.
Each party is responsible for its own attorneys’ fees, expert fees, witness costs, and related expenses, regardless of the outcome. However, the arbitrator may award recovery of some or all expenses to a party if permitted under applicable law.
The arbitrator’s decision will be final and binding unless either you or BarView submits a written appeal to the arbitration organization within fifteen (15) days of receiving notice of the award. Any appeal must request a new arbitration before a panel of three neutral arbitrators appointed by the AAA. The panel’s decision will become final and binding fifteen (15) days after issuance.
Any Claim must be filed within one (1) year from the date it arises, or it will be permanently barred.
As stated above, you and BarView knowingly and voluntarily waive any right to a trial by jury.
BarView will not elect to arbitrate any Claim that you properly file in small claims court. However, if such a Claim is transferred, removed, or appealed to another court, BarView may then require arbitration.
If the designated arbitration organization is unable or unwilling to enforce this arbitration provision, the parties will mutually select an alternative arbitration organization to administer the arbitration in accordance with this clause.
Class Action Waiver
BY AGREEING TO THESE TERMS, YOU AND BARVIEW EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING.
All Claims must be brought on an individual basis only. Claims seeking relief as part of a class action, collective action, private attorney general action, or other representative proceeding may be arbitrated solely on an individual (non-class, non-representative) basis. The arbitrator may award relief only on an individual (non-class, non-representative) basis.
Certain laws in your country of residence may restrict or prohibit the limitations described in this Class Action Waiver. If such laws apply to you, these limitations may not apply, and you may have additional rights under the laws of your country of residence.
Additional Terms for Users of Apple Devices
If you downloaded the BarView App through the Apple iTunes Store or Apple App Store, the following additional terms apply:
You acknowledge that these Terms of Service are an agreement solely between you and BarView, and not with Apple Inc. Apple is not responsible for the App or its content.
Your use of the App must comply with Apple’s applicable App Store Terms and Conditions.
Apple has no obligation to provide maintenance or support services for the App.
If the App fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any) paid for the App. To the fullest extent permitted by law, Apple will have no other warranty obligations with respect to the App. Any additional claims, losses, liabilities, damages, costs, or expenses related to a warranty issue will be governed solely by these Terms of Service and applicable law governing BarView as the software provider.
Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and use of the App, including but not limited to:
- Product liability claims;
- Claims that the App fails to comply with applicable legal or regulatory requirements; or
- Claims arising under consumer protection or similar laws.
All such claims are governed solely by these Terms of Service and applicable law governing BarView.
In the event of any third-party claim alleging that the App or your possession and use of the App infringes intellectual property rights, BarView — not Apple — will be solely responsible for the investigation, defense, settlement, and discharge of such claim, as required under these Terms.
You and BarView acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of these Terms of Service as they relate to your license to use the App. Upon your acceptance of these Terms, Apple has the right (and is deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
You represent and warrant that:
You are not located in a country subject to a U.S. government embargo;
You are not located in a country designated by the U.S. government as supporting terrorism; and
You are not listed on any U.S. government list of prohibited or restricted parties.