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.
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:
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:
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:
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.
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.
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.
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.
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.
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.
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 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
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.
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
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.
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:
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.
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.
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.
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.
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:
© 2023 NetWaiter Systems, LLC and NetWaiter, LLC. All other rights reserved.
Unauthorized duplication is prohibited.