Terms of Use

These Terms of Use (the "Terms") govern your access to and use of NoWait, Inc. ("NoWait", "we", "us", "our") web sites and services, including but not limited to the web sites nowaitapp.com and findnowait.com and the mobile software application NoWait Host and NoWait Floor (NoWait Floor Map), (collectively the "Service"). Each visitor to or user of the Service ("you", "your", or the "User") is subject to the following Terms. Please read them carefully before using the Service. If you visit or use the Service, you accept these Terms; if you do not, then you may not use the Service.

NoWait reserves the right to make changes to the Service and these Terms at any time, effective when posted on the Service. Your continued use of the Service after such notice will constitute acceptance by you of such changes. We encourage you to review the Service and these Terms periodically for any updates or changes.

From time to time, the Service may not be available for any reason including, but not limited to, routine maintenance or technical problems. By your continued use of the Service, you understand and acknowledge that access to the Service may be interrupted, suspended, terminated, or otherwise limited from time to time, and this in no way holds NoWait liable for any damages arising out of your access to the Service (see LIMITATION OF LIABILITY below). Further, NoWait reserves the right to refuse service, terminate accounts, and remove or edit content (including 3rd party content) available on the Service.

NoWait does not sell products to or provide content or service for children. You must be at least 18 years of age to use the Service, however if you are at least 13 years of age, you may access the Service with the involvement of a parent or guardian.

Privacy

The privacy of your personally identifiable information is very important to us. Please review our PRIVACY POLICY, which also governs your use of the Service, to understand our practices.

Electronic Communications

When you visit or use the Service or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Service. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

By providing NoWait your email address for an account, you consent to NoWait using the email address to send you Service-Account email notices. Such notices may include, but are not limited to, notices required by law and/or notices of a change in these Terms or our Privacy Policy, and you agree that these satisfy any legal requirement that such communications be in writing. See our PRIVACY POLICY for more details.

Copyright

All information included on the Service, including but not limited to text or copy, graphics, designs, logos, button icons, images, audio and video clips, digital downloads, and software (collectively "Content"), is the property of NoWait or its content suppliers and is protected by the United States and international copyright laws. By agreeing to these Terms, you agree not to reproduce, distribute, modify, remove, delete, augment, publish, transmit, create derivative works from, or in any way exploit any of the Content, in whole or in part, or authorize others to do so.

By using the Service, the User agrees not to violate or infringe upon any copyright, patent, trade secret, trade identity, or intellectual property right. The User acknowledges that all content distributed is an original work or a template provided by NoWait.

NoWait does not control materials made available via the Service by third parties and is under no obligation to scan content used in connection with the Service for the inclusion of illegal or impermissible content. However, NoWait respects the copyright interests of others and does not permit materials known by us to infringe another party's copyright to remain on the Service. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our COPYRIGHT COMPLAINTS PROCEDURE detailed below.

Trademarks

NoWait and other Service graphics, logos, page headers, button icons, scripts, and service names present on the Service are trademarks, registered trademarks, or trade dress of NoWait in the U.S. and/or other countries. All other trademarks not owned by NoWait that appear on this Service are the property of their respective owners.

License and Service Access

NoWait grants you a limited license to access and make personal use of the Service and not to download (other than page caching) or modify any portion of the Service, except with the express written consent of NoWait. This license does not permit any resale or commercial use of the Service or its contents; any collection and use of any product or business listings, descriptions, or prices; any derivative use of the Service or its contents, or; any downloading or copying of account information for the benefit of another merchant. You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Service. You agree not to reproduce, duplicate, copy, sell, resell, or otherwise exploit the Service or any part thereof for any commercial purpose without the express written consent of NoWait. You are prohibited from framing or utilizing framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Service without express written consent. You are prohibited from using any meta tags or any other "hidden text" utilizing the Service's name or trademarks without the express written consent of NoWait. Any breach of the foregoing license terminates the license granted by NoWait.

Hypertext linking to NoWait and the Service is permitted so long as the link does not portray NoWait, or its products and services in a false, misleading, derogatory, or otherwise offensive matter. NoWait reserves the right to disable any link to any website that we believe contains scandalous, offensive, obscene, scurrilous or inappropriate content or that, in the sole opinion of NoWait, adversely affects the goodwill of NoWait or any trademark or service mark of NoWait or its affiliates or content suppliers. You may not use any NoWait logo or other proprietary graphic or trademark as part of the link without the express written permission of NoWait.

Service Use and User Conduct

The User may make use of email addresses and mobile telephone numbers during regular operation of the Service for the purpose of affirming, engaging, notifying, thanking, marketing to, or otherwise communicating with guests during real-time operation of the Service. Any email address or mobile telephone number displayed, provided, or otherwise furnished in operation to the User by the Service is on a temporary basis and the User may not record, save, add to any marketing list, or otherwise use such number or address outside of the Service. The Service may provide marketing and loyalty programs to the User that utilize the email addresses and mobile telephone numbers inputted by the User. NoWait reserves the right to suspend the Service to any User that utilizes any email address or mobile telephone number inputted into the Service for any purpose outside of the Service, or in any way that is not legally compliant. Moreover, the User may not "capture" email addresses or mobile telephone numbers apart from any feature that may be included in the Service, and the User agrees not to transmit any message (whether email, text message [SMS], or other) to an end-recipient that has not expressly agreed to receive said messages (i.e. has not "opted-in") or that has subsequently withdrawn from a list (i.e. has "opted-out").

The Service may provide Users an opportunity to post reviews, comments, and other content; write and send communications (e.g. email, text message [SMS], etc…); submit suggestions, ideas, comments, questions, or other information; or otherwise interact with others and share thoughts, information and materials. By writing, posting, commenting, interacting, or otherwise adding content or information to the Service (collectively "Submissions"), you grant NoWait the right to copy, edit, publish, and distribute your Submissions.

NoWait reserves the right (but not the obligation) to remove or edit your Submissions, but does not regularly review posted content. You are solely responsible for your Submissions to the Service and communications (including email messaging and text messaging [SMS]) and agree that you will not hold NoWait responsible or liable for any content from your or other users that you access on the Service. You further agree to use the Service only for lawful purposes.

The categories of prohibited content below are examples and are not intended to be exhaustive. Without limitation, you are prohibited from posting on the Service or transmitting through the Service (including via email or text message [SMS]), any content that:

is illegal or encourages conduct that would constitute a criminal offense;
is harmful, threatening, abusive, harassing, or defamatory;
is vulgar, obscene, or sexually explicit;
is profane or contains "masked" profanity (i.e. F#%@);
is hateful, discriminatory or promotes racism, bigotry, or physical harm of any kind against any group or individual;
is invasive of privacy;
infringes intellectual property rights or promotes illegal or unauthorized copying of another person's copyrighted work;
is fraudulent, inaccurate or misleading, or is otherwise objectionable content of any kind.

You agree not to post or transmit to other users any content that contains:

software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
any advertising, promotional materials, 3rd-party services, "junk mail", "spam", "chain letters", "pyramid schemes", political campaigning, or any other form of solicitation for a business, campaign, or organization that is not directly owned by User of the Service. In the case that the User owns multiple restaurants or retail establishments that use the Service, the User may use the Service to transmit content about any of these establishments (e.g. at one restaurant location, User promotes another restaurant location that has recently opened).

User Account Obligations

To use certain features of the Service, you may be required to create an account. In consideration of said account, you agree to: provide true, accurate, and current information about yourself when creating an account; maintain the confidentiality of your account and password and restrict access to your computer or mobile device; and accept responsibility for all activities that occur under your account or password. You the User are solely and exclusively responsible for keeping any login credentials (such as a username and password) confidential and limiting access to the account, including, without limitation, any use by any unauthorized third party, and are further responsible for changing login information (such as the password) to maintain continued confidentiality and limited access to your account. NoWait will not be responsible for any losses arising out of the unauthorized use of the User's username, password, and/or account and the Users agrees to indemnify and hold harmless NoWait, its officers, directors, employees, parents, subsidiaries, agents, affiliates and business partners and/or licensors, as applicable, for any improper, unauthorized, or illegal uses of the same.

The User may not use a false e-mail address, false phone number, false address, false name, impersonate any person or entity, or otherwise mislead as to the origin of the User's communication or other content. If the User provides any information that is untrue, inaccurate, or not current, NoWait reserves the right to suspend or terminate the User's account and refuse any and all current and future use of the Service. The User further agrees to immediately notify NoWait of any unauthorized use of the User's password or account or any other breach of security.

The User further agrees not to access the Service by fraudulent means or activities including but not limited to a spider, scraper, or robot (or "bot").

Statistical Information

NoWait may, from time to time, provide the User with statistical information relating to visitors to the use of the Service. The User may only use or disclose this information to a third party for internal record keeping. The User may not otherwise use this information and may not disclose this information to a third party including, but not limited to, for the purpose of reselling this information for profit.

Paid Accounts

If you elect to upgrade your NoWait account to a paid plan for the NoWait services, you agree to pay all fees (including taxes) and charges associated with your account on a timely basis. NoWait reserves the right to suspend account access due to a failure to pay applicable fees on a timely basis. NoWait list pricing is subject to change and NoWait reserves the right to modify its list prices at any time and without notice. Any change in list pricing shall not affect contractually agreed upon prices during the term of any such contract or agreement.

Updates

NoWait may from time to time make available to all users of the Service, updates at no cost or subject to additional fees in NoWait's sole discretion. "Updates" means any updates, upgrades or error corrections to the Service. Notwithstanding anything else contained in these Terms, NoWait will have no obligation to continue producing or releasing new versions of the Service or any updates thereto.

3rd Party Content

NoWait may permit 3rd Parties to publish content on the Service or include 3rd Party content via Application Programming Interfaces (APIs) including but not limited to graphics, text or copy, reviews, and pricing and promotional information. Despite our best efforts, typographical and/or pricing mistakes may, on rare occasions, appear on the Service, and NoWait cannot guarantee the price of any promotion or offer. NoWait is not the publisher or owner of this content and assumes no liability therefore. NoWait further assumes no liability whatsoever for third-party promotions and offers, including but not limited to third-party representations as to price, quality, value, or availability.

Warranty

NoWait makes no representations or warranties of its services, 3rd party hardware, or telecommunications networks utilized to provide the NoWait services. NoWait does not warrant that it services or information, content, or materials provided through the service are completely secure, uninterrupted or error free.

BY USE OF THE SERVICE, THE USER UNDERSTANDS THAT MOBILE MESSAGES (SMS) ARE NOT AVAILABLE ON ALL WIRELESS CARRIERS AND WIRELESS DEVICES. THE USER FURTHER UNDERSTANDS THAT THE NOWAIT SERVICES OPERATE OVER WIRELESS AND INTERNET SERVICES AND THAT THESE SERVICES ARE SUBJECT TO LIMITATIONS OF AVAILABILITY DUE TO FORCES BEYOND THE CONTROL OF NOWAIT.

Limitation of Liability

THE SERVICE, INCLUDING, WITHOUT LIMITATION, ALL INFORMATION, CONTENT, MATERIALS AND PRODUCTS (INCLUDING SOFTWARE) MADE AVAILABLE THROUGH THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER AS TO THE OPERATION OF THE SERVICE OR THE INFORMATION, CONTENT, MATERIALS, AND PRODUCTS (INCLUDING SOFTWARE) MADE AVAILABLE THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NOWAIT DOES NOT WARRANT THAT THE SERVICE; INFORMATION, CONTENT, MATERIALS OR PRODUCTS (INCLUDING SOFTWARE) MADE AVAILABLE THROUGH THE SERVICE; THEIR SERVERS; OR E-MAIL SENT FROM NOWAIT ARE COMPLETELY SECURE, UNINTERRUPTED OR ERROR FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NOWAIT SHALL NOT BE LIABLE FOR THE USE OF THE SERVICE INCLUDING, WITHOUT LIMITATION, THE INFORMATION, CONTENT, MATERIALS AND PRODUCTS (INCLUDING SOFTWARE) MADE AVAILABLE THROUGH THE SERVICE AND ANY ERRORS CONTAINED THEREIN PROVIDED BY THIRD PARTIES. NOWAIT SHALL NOT IN ANY CASE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR DAMAGES ARISING FROM THE USE OF THE SERVICE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, OR PERSONAL INJURY / WRONGFUL DEATH EVEN IF NOWAIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SERVICE (INCLUDING TERMS OF USE), YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.

BECAUSE CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT BE APPLICABLE TO YOU.

Indemnity

The User agrees to indemnify, defend and hold harmless NoWait, its officers, directors, employees, parents, subsidiaries, agents, affiliates and business partners and/or licensors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses including reasonable attorneys' fees arising from: any violation of these Terms; the User's content, information and other materials that the User or anyone using the User's account post on the Service or transmit to other users; the User's use of information, content, materials and products (including software) made available by the Service, or; the User's violation of any rights of another.

Links

This Service may, on occasion, provide links to a third party's website. These links allow you to leave the Service, and we encourage you to be aware when you leave the Service and to read the terms and conditions and privacy statements of each and every third party website that you visit. The linked web services are not under NoWait's control and NoWait is not responsible for the contents of any linked website or any link contained in a linked website. NoWait is not responsible for examining or evaluating such web services, does not warrant or endorse them, and is not affiliated with the offerings, content, or practices of any third party web services.

Applicable Law

By visiting the Service, you agree that these Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without reference to its choice of law provisions. Any dispute arising out of or in connection with the Service shall be exclusively adjudicated in state or federal courts located in Allegheny County, Pennsylvania.

NoWait reserves the right to make changes to the Service, policies and these Terms. If any part of these Terms is ruled to be invalid, void or for any reason unenforceable, then such part shall be deemed severable or limited to the minimum extent necessary. The remainder of these Terms shall remain and be in full force and effect.

Copyright Complaints Procedure

If you believe that the Service has in any way copied your work or otherwise infringed a copyright, you should provide our copyright agent with a written notice that at a minimum contains:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
identification of the copyrighted work that you claim to have been infringed;
the URL (i.e. web page address) of the location where the copyrighted work exists or information reasonably sufficient to permit us to locate the material;
information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and/or 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, made under penalty of perjury, that the information in the notification is accurate and that the complaining party owns or is authorized to act on behalf of the owner of the copyright.

NoWait's Copyright Agent for notice of claims of copyright infringement on the Service can be reached as follows:

Copyright Agent
NoWait Legal Department
115 Atwood St
Pittsburgh, PA 15213

By email: copyright@nowaitapp.com

NoWait reserves the right to terminate the account of any User who is the subject of three or more notices of claimed copyright infringement as described above.

Contact Information

NoWait
115 Atwood St
Pittsburgh, PA 15213

Email: info@nowaitapp.com

© NoWait, Inc. 2010-2013. All rights reserved.

THESE TERMS ARE EFFECTIVE AS OF 8.30.2013