NetWaiter User Agreement

THE FOLLOWING DESCRIBES THE TERMS (“TERMS”) ON WHICH NETWAITER SYSTEMS, LLC AND NETWAITER, LLC (COLLECTIVELY, “NETWAITER”, “OUR”, “WE”, “US”) OFFER YOU ACCESS TO SERVICES.

This User Agreement (the “Agreement”) governs your access to and use of our products and services, including those offered through our websites and their sub-domains, mobile applications, and communications (e.g., emails, phone calls, and texts), including our services that are accessible via the websites of companies that license our services and software (collectively, the “Site” or “Service”).

By accessing or using the Service, you are agreeing to these Terms. If you do not agree to be bound by the Terms and conditions of this Agreement, do not use or access our services.

You must accept all of the terms and conditions contained in this Agreement before you may become a member of NetWaiter.

We may amend this Agreement at any time by posting the amended terms on the Site. All amended terms, unless otherwise specified, shall immediately become effective when posted on the Site. You should revisit these Terms on a regular basis as revised versions will be binding on you. You understand and agree that your continued access to or use of the Service represents your acceptance of the Terms.

1) Definitions

“You” and “Your” refer to you, as a user of the Service. A “User” is someone who accesses or in any way uses the Service. “We,” “Us,” and “Our” refer to NetWaiter and its subsidiaries, partners, and affiliates.
“Content” means text, images, photos, audio, video, and all other forms of data or communication, including Content that you submit or transmit to or through, or in connection with the Service, such as ratings, reviews, comments, photos, videos, compliments, invitations, check-ins, votes, favoriting and following activity, direct messages, and information that you contribute to your user profile. “User Content” means Content that users submit or transmit to or through, or in connection with the Service. “NetWaiter Content” means Content that we create and make available in connection with the Service. “Third-Party Content” means Content that originates from parties other than NetWaiter or its users, which is made available in connection with the Service. “Service Content” means all of the Content that is made available in connection with the Service, including your Content, User Content, NetWaiter Content, and Third-Party Content.
“Consumer Site” means NetWaiter’s consumer website (www.netwaiter.com and related domains, including their sub-domains) and mobile applications. “Account” means the account you create to access or use the Consumer Site and the Service.

2) Registration, Membership Eligibility, and Use

Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended NetWaiter members. If you do not qualify, do NOT use our Service. In order to access or use the Service, you agree that:

You may be required to provide certain information about yourself in order to use parts of the Service. We ask that you provide complete and accurate information about yourself when registering and maintaining your Account.
You may not impersonate someone else, provide an email address other than your own, or create multiple accounts. Further, your NetWaiter Account or user ID may not be transferred or sold to another party.
We grant you permission to use the Service subject to these Terms. Your use of the Service is at your own risk, including the risk that you might be exposed to Content that is offensive, inaccurate, objectionable, incomplete, dangerous, or is otherwise inappropriate.
You are responsible for all activities that occur in connection with your Account.
We reserve the right to close your Account at any time, for any or no reason.
The Service may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
You may receive communications from other users and NetWaiter through the Service, or through any other means such as emails, push notifications, text messages (including SMS and MMS), and phone calls. These communications may promote the Service or businesses associated with or listed on the Service.
We may use techniques to verify the accuracy of the information users provide us when using the Service. However, because user verification on the Internet is difficult, NetWaiter cannot and does not confirm each user's purported identity.
You may receive communications sent using an automatic telephone dialing system, and that you may be charged by your phone carrier for certain communications such as SMS messages or phone calls.
Any communications, including phone calls, with NetWaiter or made through the Service may be monitored and recorded.

3) Third-Party Content and Services

The Service may host Third-Party Content, or include links to other websites or applications (each, a “Third-Party Service”). We do not control any Third-Party Content or Third-Party Service. You agree that we are not responsible for the availability, accuracy, or content of any Third-Party Content or Third-Party Service. Your use of and reliance on any Third-Party Content or Third-Party Service is at your own risk.

Some of the services made available through the Service and Third-Party Services may be subject to additional third-party terms of service, privacy policies, licensing terms and disclosures, and other terms, conditions, and policies. It is your responsibility to familiarize yourself with any such applicable third-party terms.

4) Fees and Services

Joining NetWaiter is free. If we decide to change our fees for any of our services, our changes will be reflected on the Site. We may, in our sole discretion, change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and all applicable taxes associated with using the Service. You also agree that:

The Service may provide you access to transact with businesses or clients. Features that enable such transactions may be provided directly by NetWaiter or by a third-party partner, including through iFrames or similar formats, and their use may be governed by different or additional terms. Please note that such third-party partners, and/or the transacting businesses or clients themselves, are responsible for fulfilling any transaction.
You may be required to provide credit card information to complete a transaction.
All sales are final when making a purchase from a NetWaiter business or client, unless otherwise stated by a third-party partner or by the NetWaiter business or client. As soon as you place an order, your purchase may be charged to the payment method you provided. You cannot cancel a purchase or receive a refund for a purchase.
You agree that NetWaiter may facilitate any such payments and charges on behalf of a business or client.
Any coupon, deal, offer, or discount (collectively, a “Promotion”) issued for use in connection with the Service is non-transferable (unless required by law), not redeemable for cash or any other consideration, and automatically expire thirty (30) days after the issue date, unless otherwise specified. If your Account is terminated, you will not be able to use any unexpired or unused Promotions, and any such Promotions will automatically terminate and cannot be redeemed unless required by law.

5) NetWaiter is a Venue

NetWaiter does not sell products to the public. Instead, the Service acts as a venue to allow business and clients to conduct business. We develop, maintain, and license proprietary software to facilitate transactions and provide a variety of services to help our clients conduct business. As a result, we have no control over the quality, safety, or legality of the items advertised, the truth or accuracy of the listings, and the ability of the sellers to sell items.

Because we are a venue, in the event that you have a dispute with one or more clients of NetWaiter, you release NetWaiter (and its parents, subsidiaries, affiliates, suppliers, licensors, licensees, partners or any related companies, and the officers, directors, agents, contractors, representatives, and employees of each of them) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

6) Content and Information Control

We do not control the information provided by our clients that is made available through the Service. You may find some information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Service. By using the Service, you agree to accept such risks and NetWaiter is not responsible for the acts or omissions of businesses or clients associated with the Service. Further, with regards to your Content, you agree that:

You alone are responsible for your Content, and once shared on the Service, it cannot always be withdrawn.
You assume all risks associated with your Content, including any liability it exposes, anyone’s reliance on its quality, accuracy, or reliability, and any risks associated with personal information you disclose.
You own or have the necessary permissions to use and authorize the use of your Content as described herein.
You may not imply that your Content is in any way sponsored or endorsed by NetWaiter, any business or client using the Service, or by any other User.
We may use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, and commercialize your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms. As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use your Content for any purpose.
You irrevocably grant users of the Service the right to access your Content in connection with their use of the Service.
You irrevocably waive, and cause to be waived, against NetWaiter and its users any claims and assertions of moral rights or attribution with respect to our Content.
We have no obligation to retain or provide you with copies of your Content, and we do not guarantee any confidentiality with respect to your Content.
We reserve the right to remove, screen, edit, or reinstate any User Content at our sole discretion for any reason or no reason, and without notice.

7) Advertising

NetWaiter and its licensees may publicly display advertisements, paid content, and other information nearby or in association with your Content. You are not entitled to any compensation for such advertisements. The manner, mode, and extent of such advertising are subject to change without any notice.

8) Ownership

We own the NetWaiter Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation (including, but not limited to, our selection, coordination, aggregation, and arrangement of User Content and other Service Content), computer code, products, software, and all other elements and components of the Service excluding your Content, other User Content, and Third-Party Content. We also own the copyrights, trademarks, service marks, trade names, trade secrets, and other intellectual and proprietary rights associated with the NetWaiter Content and the Service, which are protected by copyright, trade dress, patent, trademark, and trade secret laws and all other applicable intellectual and proprietary rights and laws. As such, you may not sell, license, copy, publish, modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way use or exploit any NetWaiter Content, in whole or in part. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Service and the NetWaiter Content are retained by us.

9) Feedback

By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain any third-party confidential or proprietary information, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, (iv) we have no obligation to review, consider, or implement the Feedback, or to return to you all or part of the Feedback, and (v) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide, assignable, sublicensable, transferable license to use, modify, prepare derivative works of, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against NetWaiter and its Users, any claims and assertions of any rights contained in such Feedback.

10) Fraud

Without limiting any other remedies, NetWaiter may suspend or terminate your account if we suspect that you (by conviction, settlement, or otherwise) have engaged in fraudulent activity in connection with the Service.

11) Breach

Without limiting other remedies, we may limit your activity, issue a warning, temporarily suspend, indefinitely suspend, or terminate your membership and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our clients, or us.

12) Your Information

“Your Information” is defined as any information you provide to us in registration, by way of feedback, through any email feature, or while using the Service. You are solely responsible for Your Information.

Your Information and your activities while using the Service shall not: (a) be false, inaccurate or misleading; (b) be fraudulent; (c) contain any viruses, Trojan horses, worms, time bombs, cancel bots, easter eggs, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (d) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.

13) Privacy

Your privacy is very important to us and we view the protection of Users' privacy as a very important principle.

We do not sell, rent, or provide your personal information to any external party, business, or client to use outside the Service without your consent and we only use your information as described in this privacy section.

Please read this privacy section to learn more about the ways in which we accumulate, use, and protect personal information. If you object to any portion of this privacy section, please do not use our services.

Overview

The privacy practices herein apply to our Consumer Sites and Services, including our services accessible via the websites of companies that license our services and software, and any NetWaiter application. By using the Service or visiting the Site, you agree to be bound by the terms and conditions of this privacy section. If you do not agree, please do not use or access our Service.

This privacy section describes the information, as part of the normal operation of our services, we collect from you and what may happen to that information.

Information We Collect

Our primary purpose in collecting personal information is to provide you with a safe, smooth, efficient, and customized experience. This allows us to provide services and features that will be most likely to meet your needs, and to customize our services to make your experience safer and easier. We only collect personal information about you that we consider necessary for achieving this purpose.

If you choose to use our services, we may require you to provide contact and identity information, billing information (including, but not limited to, credit card information), and other personal information as indicated on the forms throughout the Service. Where possible, we indicate which fields are required and which fields are optional. You always have the option to not provide information by choosing not to use a particular service or feature. Once you give us your personal information, you are not anonymous to us.

We automatically track certain information based upon your behavior using the Service. We use this information to do internal research on user demographics, interests, and behavior to better understand, protect, and serve you and our community. This information may include, but is not limited to, the URL that you just came from (whether this URL is on the Site or not), which URL you go to next (whether this URL is on the Site or not), your computer browser information, and your IP address.

We use data collection devices such as "cookies" on certain pages of the Site to help analyze our web page flow, measure promotional effectiveness, and promote trust and safety. "Cookies" are small files placed on your hard drive that assist us in providing our services. We offer certain features that are only available through the use of a "cookie". We also use cookies to allow you to enter your password less frequently during a session. Cookies can also help us provide information that is targeted to your interests. You are always free to decline our cookies if your browser permits, although in that case, you may not be able to use certain features of the Service and you may be required to reenter your password more frequently during a session. We do not control the use of cookies by third parties.

We retain information as necessary to resolve disputes, provide customer support, and troubleshoot problems as permitted by law. If you send us personal correspondence about your activities while using the Service, we may collect such information into a file specific to you.

Our Use of Your Information

We use your personal information to facilitate the services you request. We may use your personal information in a file we maintain about you, and other information we obtain from your current and past activities using the Service to: resolve disputes; troubleshoot problems, collect fees owed, measure consumer interest in our products and services, inform you about online and offline offers, products, services, and updates; customize your experience; detect and protect us against error, fraud and other criminal activity, and to enforce our User Agreement (if applicable) or otherwise described to you at the time of use. At times, we may look across multiple users to identify problems or resolve disputes, and in particular, we may examine your personal information to identify users using multiple user IDs or aliases. We may compare and review your personal information for errors, omissions, and for accuracy.

You agree that we may use personal information about you to improve our marketing and promotional efforts, to analyze the Service’s usage, improve our content and product capabilities, and customize the Site's content, layout, and services. These uses help improve the Service and better tailor it to meet your needs, to provide you with a smooth, efficient, safe and customized experience.

14) Our Disclosure of Your Information

As a matter of policy, we do not sell, rent, or provide any of your information to any party for their marketing purposes without your explicit consent. However, the following describes some of the ways that your personal information may be disclosed in the normal scope of business while providing our services.

External Service Providers and Partners

There may be separate services offered by third parties that we refer to as external service providers that may be complimentary to your use of the Service. If you choose to use these separate services, disclose information to an external service provider, and/or grant them permission to collect information about you, then their use of your information is governed by their privacy policy. We do not disclose your personal information to external service providers unless you provide your explicit consent. We may, however, provide or share some of your personal information to authorized NetWaiter partners for your convenience and the ease of use of the Service. NetWaiter may also collect personal information from authorized partners to ensure an optimal experience while using the Service. Examples of such information may include, but is not limited to, your ordering history at businesses, information and data related to loyalty systems, Promotion systems, reservation systems, waitlist systems, and/or other guest technology platforms you may use, contact information (including, but not limited to your email address), and other online behavior or usage data. To prevent our disclosure of your personal information to an external service provider, you can decline such consent or simply not use their services. Preventing our disclosure of your information or the sharing of data with authorized NetWaiter partners may not be possible. If preventing such data sharing is not possible, we recommend you do not use the Service. Because we do not control the privacy practices of third parties or partners, you should evaluate their practices before deciding to use their services.

Internal Service Providers for Our Operations

We may use third parties that we refer to as internal service providers to facilitate or outsource one or more aspects of the business, product, and service operations that we provide to you and therefore we may provide some of your personal information directly to these internal service providers. These internal service providers are subject to confidentiality agreements with us and other legal restrictions that prohibit their use of the information we provide them for any other purpose except to facilitate the specific outsourced NetWaiter related operation, unless you have explicitly agreed or given your permission to them for additional uses.

Other Corporate Entities

Much of our data is available and shared with our subsidiaries, authorized partners, and joint ventures. Such entities are committed to serving your online needs and related services. To the extent that these entities have access to your information, they will treat it at least as protectively as they treat information they obtain from their users and are no less protective than those described in this document, to the extent allowed by applicable law. NetWaiter, its subsidiaries, authorized partners, joint ventures, or any combination of such, will share some or all of your personal information with another business entity, should we plan to merge with, or be acquired by, that business entity.

Legal Requests

NetWaiter cooperates with law enforcement inquiries, as well as other third parties to enforce laws, such as: intellectual property rights, fraud and other rights, to help protect you and the NetWaiter community from bad actors. Therefore, in response to a verified request by law enforcement or other government officials relating to a criminal investigation or alleged illegal activity, we can (and you authorize us to) disclose your name, city, state, telephone number, email address, username history, and fraud complaints without a subpoena. Without limiting the above, in an effort to respect your privacy and our ability to keep the community free from bad actors, we will not otherwise disclose your personal information to law enforcement or other government officials without a subpoena, court order or substantially similar legal procedure, except when we believe in good faith that the disclosure of information is necessary to: prevent imminent physical harm or financial loss; or report suspected illegal activity.

Due to the existing regulatory environment, we cannot ensure that all of your private communications and other personal information will never be disclosed in ways not otherwise described in this privacy section. By way of example, without limiting the foregoing, we may be forced to disclose personal information to the government or third parties under certain circumstances and third parties may unlawfully intercept or access transmissions or private communications with intentions to abuse or misuse the information. Therefore, although we use industry standard practices to protect your privacy, we do not promise, and you should not expect, that your personal information will always remain completely private.

15) Other Information Collectors

Except as otherwise expressly included in the privacy section, these Terms only address the use and disclosure of information we collect from you. To the extent that you disclose your information to other parties, different rules may apply to the information you disclose to them. Since NetWaiter does not control the privacy policies of other parties, you may be subject to the privacy policies of those parties.

16) Control Your Password

You are responsible for all actions taken with your username and password. Therefore, we do not recommend that you disclose your NetWaiter password to any third party. If you choose to share your username and password or your personal information with third parties, you are responsible for all actions taken with your account and therefore you should review that third party's privacy policy. If you lose control of your password, you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately change your password.

17) Accessing, Reviewing, and Changing Your Personal Information

We offer you the ability to automatically review and change the information you submit to us by logging into the Service and entering the new information yourself. Generally, we will not modify your personal information based on your request because it is very difficult to authenticate your account manually. You must promptly update your personal information if it changes or is inaccurate.

Account Deactivation

Upon your request, we will deactivate your account, which will shut down your account and remove some of your information from our systems and active databases. To make this request, please login to the Service and select the option to deactivate your account under your profile. Your account will be deactivated as soon as reasonable possible based on your account activity and in accordance with our deactivation protocol.

Some personal information may be retained in order to prevent fraud, collect fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce our User Agreement and comply with legal requirements as permitted by law. Therefore, you should not expect that all of your personal information will be completely removed from our databases in response to your request.

18) Warranties and Representations

WE, OUR PARENTS, SUBSIDIARIES, AFFILIATES, SUPPLIERS, LICENSORS, LICENSEES, PARTNERS, OR ANY RELATED COMPANY PROVIDE OUR WEBSITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY.

We are under no obligation to enforce the Terms on your behalf. You also represent and warrant that you will not, and will not assist, encourage, or enable others to use the Service to:

Violate the Terms
Post any fake or defamatory review or comments, trade reviews with others, or compensate someone or be compensated to post, refrain from posting, or remove a review;
Violate any third-party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
Promote a business or other commercial venture or event, or otherwise use the Service for commercial purposes, unless specifically granted approval;
Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Service, or any third-party website;
Solicit personal information from minors, submit, or transmit pornography;
Violate any applicable law;
Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Service or Service Content (other than your Content), except as expressly authorized;
Use any robot, spider, Service search/retrieval application, or other automated device, process or means to access, retrieve, copy, scrape, or index any portion of the Service or any Service Content, except as expressly permitted by NetWaiter;
Remove or modify any copyright, trademark, or other proprietary rights notice that appears on any portion of the Service or on any materials printed or copied from the Service;
Record, process, or mine information about Users;
Reformat or frame any portion of the Service;
Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on NetWaiter’s technology infrastructure or otherwise make excessive traffic demands of the Service;
Attempt to gain unauthorized access to the Service, accounts, computer systems or networks connected to the Service through hacking, password mining or any other means;
Use the Service or any Service Content to transmit any computer viruses, worms, defects, Trojan horses, malicious code, spyware, malware or other items of a destructive or harmful nature;
Use any device, software or routine that interferes with the proper working of the Service, or otherwise attempt to interfere with the proper working of the Service;
Use the Service to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Service or Service Content; or
Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Service, features that prevent or restrict the use or copying of Service Content, or features that enforce limitations on the use of the Service.

19) Indemnity

You agree to indemnify, defend, and hold harmless NetWaiter, its parents, subsidiaries, affiliates, suppliers, licensors, licensees, partners or any related companies, and the officers, directors, agents, contractors, representatives, and employees of each of them (collectively, “NetWaiter Entities”), from and against any and all third-party claims, actions, demands, losses, damages, costs, liabilities and expenses (including but not limited to attorneys’ fees and court costs) arising out of or relating to: (i) your access to or use of the Service, including your Content, (ii) your violation of the Terms, (iii) your breach of your representations and warranties provided under these Terms or any documents it incorporates by reference, (iv) any products or services purchased or obtained by you in connection with the Service, (v) your products or services, or the marketing or provision thereof to end users, or (vi) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. NetWaiter reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of any such claim. You agree not to settle any such matter without the prior written consent of NetWaiter.

20) Limitations of Liability

BY ACCESSING OR USING THE SERVICE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION AND OUR LIMITATIONS OF LIABILITY.

THE SERVICE AND SERVICE CONTENT ARE MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE NETWAITER ENTITIES MAY NOT MONITOR OR CONTROL USER CONTENT OR THIRD-PARTY CONTENT. AS SUCH, YOUR USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK. THE NETWAITER ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, COMPLETENESS, ACCURACY, OR RELIABILITY OF THE SERVICE, ITS SAFETY OR SECURITY, INCLUDING WITHOUT LIMITATION THE SECURITY OF YOUR DATA, OR THE SERVICE CONTENT. ACCORDINGLY, THE NETWAITER ENTITIES ARE NOT LIABLE TO YOU FOR ANY PERSONAL INJURY, LOSS OR DAMAGE THAT MIGHT ARISE, FROM THE SERVICE’S INOPERABILITY, DEPLETION OF BATTERY POWER OR OTHER IMPAIRMENT OF DEVICES USED TO ACCESS THE SERVICE, SERVICE UNAVAILABILITY, SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESSES OR CLIENTS THAT ARE PART OF THE SERVICE, RATINGS, REVIEWS (INCLUDING THEIR CONTENT OR OMISSION OF CONTENT, ORDER, AND DISPLAY), METRICS OR OTHER CONTENT FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SERVICE.

THE NETWAITER ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES, CLIENTS, OR ADVERTISERS LISTED ON THE SERVICE OR THAT OFFER GOODS OR SERVICES THROUGH THE SERVICE, OR THE SERVICE’S USERS. ACCORDINGLY, THE NETWAITER ENTITIES ARE NOT LIABLE TO YOU FOR ANY PERSONAL INJURY, LOSS OR DAMAGE THAT MIGHT ARISE FROM ANY SUCH THIRD PARTY’S ACTIONS OR OMISSIONS. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SERVICE IS AT YOUR OWN DISCRETION AND RISK.

YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICE.

THE NETWAITER ENTITIES WILL NOT BE LIABLE FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS OR REVENUE, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA. THE WAIVERS AND LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.

IN NO EVENT SHALL THE NETWAITER ENTITIES BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).

21) Legal Compliance

You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our services.

22) No Agency

No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.

23) Resolution of Disputes

In the event a dispute arises between you and NetWaiter, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you and NetWaiter agree that any claim or controversy at law or equity that arises out of this Agreement or our services, (“Claims”) shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through an alternative dispute resolution procedure, such as mediation, as an alternative to litigation.

EXCEPT FOR EXCLUDED CLAIMS, ANY CLAIM, CAUSE OF ACTION, REQUEST FOR RELIEF OR DISPUTE MUST BE RESOLVED BY ARBITRATION ON AN INDIVIDUAL BASIS. YOU AND NETWAITER MAY BRING OR PARTICIPATE IN CLAIMS AGAINST THE OTHER ONLY IN OUR RESPECTIVE INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. UNLESS BOTH YOU AND NETWAITER AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. YOU AND NETWAITER EXPRESSLY WAIVE THE RIGHT TO TRIAL BY A JURY.

“Excluded Claims” means: (a) Claims brought by you or NetWaiter that could be brought in small claims court, if permitted by the rules of that court, or (b) Claims related to intellectual property (like copyrights and trademarks), or a breach of Representations and Warranties.

Binding Arbitration

For any Claim (except Excluded Claims), you or NetWaiter elect to resolve the dispute through binding arbitration conducted by telephone, online and/or based solely upon written submissions where no in-person appearance is required. In such cases, the American Arbitration Association or JAMS shall administer the arbitration in accordance with their applicable rules, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Court

Excluded Claims and Claims that cannot be arbitrated must be brought in court. Any issues relating to the scope and enforceability of the arbitration provision will be resolved by the arbitrator, but if any Claim cannot be arbitrated in accordance with this provision, then only that Claim may be brought in court and all other Claims remain subject to arbitration.

California law will govern these Terms (to the extent not preempted or inconsistent with federal law), as well as any such Excluded Claim or Claim that cannot be arbitrated, without regard to conflict of law provisions.

You or NetWaiter may seek relief in any small claims court of competent jurisdiction. All Excluded Claims and Claims that cannot be arbitrated are subject to the exclusive jurisdiction in, and the exclusive venue of, the state and federal courts located within San Bernardino County, California and you consent to the personal jurisdiction of these courts for the purpose of litigating any such Claim.

Should either party file an action contrary to this section, the other party may recover attorney's fees and costs up to $2,500, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim.

24) Additional Terms

Your use of the Service is subject to any and all additional terms, policies, rules, or guidelines that we may post on or link to from the Service (the “Additional Terms”). All such Additional Terms are hereby incorporated by reference into, and made a part of, these Terms.

If we decide to add further policies and provide additional terms and conditions related to specific services offered, you will be notified. Each policy may be changed from time to time and are effective immediately after we post the changes on the Service, unless otherwise specified. In addition, when using particular services from NetWaiter, you agree that you are subject to any posted policies or rules applicable to services you use. All such posted policies or rules are hereby incorporated by reference into these Terms.

25) Termination

You may terminate the Terms at any time by closing your Account or discontinuing any access to or use of the Service.

NetWaiter may close your Account, suspend your ability to use certain portions of the Service, terminate any license or permission granted to you hereunder, and/or ban you altogether from the Service for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your Account, the Service, your Content, Service Content, or any other related information.

26) General

This Agreement shall be governed in all respects by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely within California between California residents. Further, you agree that:

We reserve the right to modify, update, or discontinue the Service at our sole discretion, at any time, for any or no reason, and without notice or liability.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with NetWaiter’s prior written consent, but may be assigned or transferred by NetWaiter, without restriction. Any attempted assignment by you shall violate these Terms and be void.
The section titles in the Terms are for convenience only and have no legal or contractual effect.
This Agreement sets forth the entire understanding and agreement between you and NetWaiter with respect to the subject matter hereof. Sections 1, 3-26 of the Terms shall survive, in full force and effect, any termination or expiration of this Agreement.

User Agreement and Privacy Policy