NetWaiter User Agreement

NetWaiter User Agreement and Privacy Policy

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

Welcome to the User Agreement (the “Agreement”) for NetWaiter. This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of www.netwaiter.com (the “Site” or “Service”), and our applications, including our services accessible via the websites of companies that license our services and software, and the general principles for the websites of our subsidiaries and affiliates.

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. Please note: any underlined words and phrases are links to documents and policies related to this Agreement.

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. This Agreement is effective upon acceptance in registration for new registering users.

 

1 Registration and Membership Eligibility

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, please do not use our Service. Further, your NetWaiter account (including feedback) and User ID may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.

 

2 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 our 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 associated with using our Service and all applicable taxes.

All sales are final when making a purchase from a NetWaiter 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.

 

3 NetWaiter is a Venue

NetWaiter does not sell products to the public. Instead, the Service acts as a venue to allow our 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.

3.1 Identity Verification

We use many techniques to verify the accuracy of the information users provide us when registering for the Service. However, because user verification on the Internet is difficult, NetWaiter cannot and does not confirm each user's purported identity.

3.2 Release

Because we are a venue, in the event that you have a dispute with one or more clients of NetWaiter, you release NetWaiter (and our officers, directors, agents, subsidiaries, joint ventures, and employees) 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.”

3.3 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 our clients.

 

4 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.

 

5 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.

 

6 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.

 

7 Privacy

Your privacy is very important to us. We view protection of users' privacy as a very important principle. We understand clearly that you and your information is one of our most important assets.

We do not sell, rent, or provide your personal information to any external party or Client for their marketing purposes or to use outside of services we provide them without your explicit 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 use and protect your personal information. If you object to any portion of this privacy section, please do not use our services.

7.1 Overview

The privacy practices herein apply to our Services that are available under the domain and sub-domains of www.netwaiter.com (the "Site"), 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.

7.2 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, certain 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 our users' 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.

7.3 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 improve the Service and better tailor it to meet your needs, to provide you with a smooth, efficient, safe and customized experience.

7.4 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.

7.5 External Service Providers

There are a number of 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. With your consent, we may provide some of your personal information to the external service provider offering such services for your convenience. To prevent our disclosure of your personal information to an external service provider, you can decline such consent or simply not use their services. Because we do not control the privacy practices of these third parties, you should evaluate their practices before deciding to use their services.

7.6 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. In some instances, the internal service provider may collect information directly from you. In these cases, you will be notified of the involvement of the internal service provider, and all additional information you provide them and their additional uses will be strictly up to you. If you provide additional information to an internal service provider directly, then their use of your personal information is governed by their applicable privacy policy.

7.7 Other Corporate Entities

Much of our data is available and shared with our subsidiaries and joint ventures that 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, 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. Should such a combination occur, we would require that the new combined entity follow this privacy policy with respect to your personal information. If your personal information will be used contrary to this policy, you will receive prior notice.

7.8 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.

7.9 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.

7.10 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 can change your username, email address, contact information, financial information, and user preferences online. You must promptly update your personal information if it changes or is inaccurate.

Upon your request, we will deactivate your account, contact information, and financial information from our active databases. To make this request, please email [email protected]. Such information will be deactivated as soon as reasonable possible based on your account activity and in accordance with our deactivation protocol.

We will retain in our files some personal information you have requested to be removed 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 requests.

7.11 Other Information Collectors

Except as otherwise expressly included in this privacy section, this document only addresses 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 use or disclosure of the information you disclose to them. Since NetWaiter does not control the privacy policies of third parties, you are subject to the privacy policies of that third party. We encourage you to ask questions before you disclose your personal information to others.

 

8 No Warranty

WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEBSITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY.

 

9 Liability Limit

IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, AND EMPLOYEES 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).

 

10 Indemnity

You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

 

11 Legal Compliance

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

 

12 No Agency

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

 

13 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 alternative dispute resolution procedure, such as mediation, as an alternative to litigation.

13.1 Binding Arbitration

For any claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $5,000, you or NetWaiter may 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.

13.2 Court

Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in San Bernardino County, California or where the defendant is located. You and NetWaiter agree to submit to the personal jurisdiction of the courts located within the county of San Bernardino, California.

13.3 Alternative Dispute Resolution

Alternatively, NetWaiter will consider use of other alternative forms of dispute resolution, such as binding arbitration to be held in San Bernardino County, California or another location mutually agreed upon by the parties.

All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using a dispute resolution mechanism that is selected in accordance with this Section by the first party to file a Claim. Should either party file an action contrary to Section 13, 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.

 

14 Additional 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 Site, 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, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into this Agreement.

 

15 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. We do not guarantee continuous, uninterrupted, or secure access to our services, and operation of the Service may be interfered with by numerous factors outside of our control. 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. This Agreement sets forth the entire understanding and agreement between you and NetWaiter with respect to the subject matter hereof. Sections 2 (Fees and Services) with respect to fees owed for our services, 3.2 (Release), 9 (Liability Limit), 10 (Indemnity), and 13 (Resolution of Disputes) shall survive any termination or expiration of this Agreement.