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Terms of Service

Terms for use, payment, cancellation, refunds, etc.

Terms of Service
Effective Date: May 1, 2021

Welcome to WaitlistPlus, a website located at http://www.waitlistplus.com/ (the “Site”) and operated by WaitlistPlus LLC (“WaitlistPlus”, “us”, “our”, and “we”). WaitlistPlus provides the Site and services such as the management of wait line position and notifications related to the same through the Site (the “Services”).

PLEASE REVIEW THESE TERMS OF SERVICE CAREFULLY

BY DOWNLOADING, ACCESSING OR USING THE SITE OR SERVICES, AND/OR BY REGISTERING AN ACCOUNT WITH US OR PROVIDING INFORMATION TO US IN CONNECTION WITH THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AS POSTED AND ACCESSIBLE THROUGH OUR SITE AND TO USE THE SITE AND THE SERVICES IN ACCORDANCE WITH THESE TERMS OF SERVICE, OUR PRIVACY POLICY AND ANY ADDITIONAL TERMS OR POLICIES THAT ARE REFERENCED HEREIN OR THAT OTHERWISE MAY APPLY TO SPECIFIC FEATURES OF THE SERVICES ALL OF WHICH ARE DEEMED PART OF THESE TERMS OF SERVICE. IF YOU ARE REGISTERING AN ACCOUNT OR USING THE SERVICES ON BEHALF OF AN ENTITY OTHER THAN YOURSELF, YOU REPRESENT THAT YOU ARE AUTHORIZED BY SUCH ENTITY TO ACCEPT THIS AGREEMENT ON SUCH ENTITY’S BEHALF.IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS AS SET FORTH IN THESE TERMS OF SERVICE, YOU MAY NOT DOWNLOAD OR USE THE SITE OR THE SERVICES.

These Terms of Service (“Agreement” or “Terms of Service”) are a binding contract between the Client (as defined below) and WaitlistPlus. These Terms of Service shall govern your use of and rights and obligations with respect to the Services or the Site. You manifest agreement to these Terms of Service by any act demonstrating your assent thereto, including clicking any button containing the words “I agree”, “Start my free trial”, “Create my account” or similar syntax, by accessing the Site, by establishing an account, or using the Service, whether you have read these Terms of Service or not. By clicking any such button or otherwise indicating your assent, you agree to these Terms of Service. You should print a copy of these Terms of Service for your business and personal records.

NOTICE OF ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: THIS AGREEMENT INCLUDES A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER, SET FORTH BELOW, WHICH AFFECT YOUR RIGHTS ABOUT RESOLVING ANY DISPUTE WITH US. PLEASE READ IT CAREFULLY.

Changes to these Terms of Service
We may change these Terms of Service at any time and changes to these Terms of Service will become effective when we make the revised Terms of Service available through the Site. We will update the “Effective Date” at the top of these Terms of Service if we make any such changes. Your access or use of the Site or the Services after the effective date of any such change means that you accept agree to be bound by the modified Terms of Service.

Privacy Policy
By accepting this Agreement, you consent to the collection, use and disclosure of your personally identifiable information and personally identifiable health information provided to us as outlined in the Privacy Policy (the “Privacy Policy”), which can be found at https://www.waitlistplus.com/Privacy. Our Privacy Policy is expressly incorporated into and made a part of this Agreement by reference.

Our Services
WaitlistPlus offers a waitlist management platform for Clients to efficiently manage waitlists for its business. The platform allows Clients and Participants to communicate through a variety of notification methods and other functional features regarding the waitlist.

Our Service and/or Site have the following types of users:

  • “User,” “you” and “your” refer to the person, company, or organization (including any employee of such company or organization) that has visited or is using the Site and/or the Service. A user may be a Participant, Client, both or none.
  • “Client” refers to any company or organization who utilizes the Services or the Site to help manage a waitlist for its business. Clients may include staff, contractors, administrators, or other service providers who are granted access to the account with the authorization of Client. Clients are not the employees or agents of WaitlistPlus.
  • “Participant” refers to users of the Site who are customers of a Client and use the Service to enter the Client’s waitlist and receive related notifications.
User Accounts
  1. Eligibility.By accepting these Terms of Service in connection with an account, the person acknowledging agreement or assenting to these Terms of Service represents that they are at least 18 years of age, or the legal age of majority where in the place of residence if that jurisdiction has an older age of majority, and have the legal authority to contractually agree to these Terms of Service individually or on behalf of the Client. If you are not eligible under these terms, you may not use the Site or Services. You must notify us immediately of any change in your eligibility.
  2. Registration of Account.You must create an account in order to access the Services as a Client and you may be required to create an account if you are accessing the Services as a Participant. During the registration process you will provide certain personal and business information.
  3. You Must Provide Accurate Information.It is imperative that you provide accurate and truthful information during the registration process and that you keep such information updated. By filling in the account information you represent and warrant to WaitlistPlus that all of the information you provide during this process is true and correct and that you agree to update such information in a timely manner. We reserve the right to refuse or cancel your account and your use of and access to the Site and/or the Services if we determine that you have not provided complete and accurate information.
  4. Account Security. You may not transfer or share your account password with anyone, create more than one account or use anyone else’s account at any time. You are responsible for maintaining the confidentiality of your username and password and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your username or password or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this provision.
  5. Terms Specific to Participants.
    • Consent to Receive Emails and SMS Messaging. When using the Service, Participants consent to receive customized communications from the Client via email or SMS messaging to notify Participant about their wait position and time. You acknowledge that WaitlistPlus has no involvement, control, or liability for the messages received from Clients. Clients are solely responsible for creating custom messaging to their Participants. WaitlistPlus also has no liability or control over Clients contacting Participants outside of our platform’s messaging Service.
    • No Guaranteed Wait Times. Although our Services may estimate an approximate wait time, such times are never a guarantee. WaitlistPlus makes no representations concerning the accuracy of stated wait times.
  6. Terms Specific to Clients.
    • Communications with Participants. All communications with Participants through our Site must comply with our User Rules of Conduct stated below. WaitlistPlus may place restrictions of the number of contacts you can make with a Participant through our Site in association with each Participant’s addition to the wait list. Client acknowledges that it is solely liable for its communications with Participants. Client is prohibited from using customer information from our Site for the purpose of sending marketing communications to Participants that have not expressly agreed to receive such communications or for the purpose of selling such data to third parties. Client agrees to indemnify WaitlistPlus for all costs and fees incurred by WaitlistPlus in association with any claims made by Participant relating to Client communications with Participants or the authorized sale of customer data.
    • Compliance with Privacy and Data Protection Laws. We will only use Personal Information (including protected health information and educational records) pursuant to these Terms of Service (including the Privacy Policy) and in compliance with applicable law including, but not limited to, Health Insurance Portability & Accountability Act of 1996 or Family Educational Rights and Privacy Act. It is Client’s responsibility to (i) comply with all applicable privacy and data protection laws, (ii) ensure that you have obtained all necessary consents from Participants, and (iii) ensure that the Participants have agreed to the collection, use, maintenance and processing of their Personal Information (including protected health information or educational records) and the access of their Personal Information by you, by us, and, where applicable, other third parties. We do not provide legal or compliance advice and you are responsible for retaining competent counsel and advisors for these purposes.
    • Export Upon Termination. In the event of termination of this Agreement, there is an export feature in the Service which will enable you to retrieve your User Content contained within the Service prior to the account termination date. It is your sole responsibility to export from your account to a file or files containing the User Content contained within the Service before the account termination date and to ensure the secure preservation of the information for your Participants pursuant to federal and state law. We will destroy the User Content for your account as provided in this Privacy Policy.
  7. Removal of Account.You may delete your account at any time, for any reason, by following the instructions on the Site. We may suspend or terminate your account in accordance with the Terms and Termination.
Fees and Payment Terms
  1. Free Trial.We offer a 14 day free trial to new Clients. At the end of the trial your account will be suspended until payment is made.
  2. Subscription Fees. We provide the Services for the subscription fees set forth on the Site at http://www.waitlistplus.com/pricing/ or other location on the Site (“Subscription Fee”). Client is responsible for the payment of all sales taxes, fees, use taxes, charges, duties, levies and similar governmental charges (“Sales Taxes”) imposed on the provision of the Services. We may change the Subscription Fee at any time. We will give you reasonable notice of any such pricing changes by posting the new fees on or through the Site. It is your responsibility to remain informed about the current Subscription Fee.
  3. Billing. WaitlistPlus will automatically charge you for the Subscription Fees on either a monthly or annual basis depending on the pricing plan you select. You agree to pay for all Subscription Fees in a timely manner, and that we are authorized to charge the payment method provided by you when registering for your account (“Payment Account”), for the Subscription Fees including any applicable Sales Taxes. We currently accept payment by credit card, debit card and PayPal. Any change in accepted payment methods will be posted on or through the Site.
  4. Your Responsibility and Authorization. You are responsible for the timely payment of all fees and for providing us with valid information related to your Payment Account at all times. Your Payment Account information must be complete and accurate, and you are responsible for keeping it up to date. You expressly authorize us to collect the appropriate fees charged for your account including Subscription Fees, Sales Taxes, and for any other fees or charges in this Agreement.
  5. Payment Processing. We use a third-party payment processor (the “Payment Processor”) to link us to your Payment Account. The processing of payments or credits, as applicable, in connection with your account and any fees will be subject to the terms, conditions and privacy policies of the Payment Processor and your Payment Account issuer in addition to this Agreement. We are not responsible for any errors by the Payment Processor or your Payment Account issuer.
  6. Chargebacks. If you have a dispute concerning any payment transaction, please contact our billing department at support@waitlistplus.com. If, at any time, you contact your bank or credit card company to reject the charge of any payable fees or charges (“Chargeback”), this act will be considered a breach of your payment obligations, and we reserve the right to automatically terminate your use of the Services. We reserve the right to dispute any Chargeback and take all reasonable action to authorize the transaction. In the event of a Chargeback, your account may be terminated and any files, data, or User Content contained in your account may be subject to cancellation. WaitlistPlus will not be liable for any loss of files, data or User Content as a result of a Chargeback. In order to resume use of the Services, you must re-subscribe for the Services and pay all applicable fees for the Service as well as any fees incurred by us or our Payment Processor as a result of the Chargeback.
Term and Termination
  1. Term. Your account will continue, unless we terminate it or you notify us by email at support@waitlistplus.com and/or through our system (receipt of which must be confirmed by email reply from us) of your decision to terminate your account. Any termination or cancellation will be effective upon receipt unless otherwise stated in the written notice.
  2. Cancellation. You may cancel at any time. If you choose to cancel your account, you can do so through your account settings page. If you cancel your account, you will still be able to use the Service for the remaining duration of the active subscription period. All Subscription Fees are non-refundable.
  3. Termination. We reserve the right, at our sole discretion, to terminate your account, at any time and for any reason. In addition, we may suspend or terminate your account, without notice, for breach if you violate this Agreement, or any terms regarding payment of required fees and charges due under this Agreement. We may, at our sole discretion, provide you a grace period prior to termination, in the event of a breach or your failure to pay fees and charges, without waiving our rights hereunder to terminate immediately upon such events. We may suspend or terminate your account if we determine in our discretion that such action is desirable for any reason, or advisable to comply with applicable legal requirements, or to protect the rights or interests of WaitlistPlus or any third party. Under no circumstances, will you will be entitled to compensation or a refund for any interruption, suspension or termination, and you acknowledge we will have no liability to you in connection with any interruption, suspension or termination.
  4. Termination of License. Upon termination of this Agreement, all licenses granted by WaitlistPlus to use the Site and the Service will automatically terminate, and all User Content or other data in your account will be retained no more than thirty (30) days after termination or expiration of this Agreement, and deleted on expiration of such thirty (30) day time frame. You are responsible for exporting all account data and ensuring the secure preservation of any information of your customers pursuant to federal and state law. During the time frame beginning on termination or expiration of your account, your access to the Service will be limited to downloading your User Content or other data.
  5. Survival. Sections of this Agreement that by their nature should survive termination including, without limitation, the sections relating to Fees and Payment Terms, License Grants and Restrictions, Intellectual Property Ownership, Releases, Disclaimer of Warranties, Limitation of Liability and Arbitration will survive the termination of this Agreement.
License Grant and

Restrictions

Subject to your compliance with the terms and conditions of this Agreement, WaitlistPlus grants to you a limited, revocable, personal, non-exclusive and non-transferable right and license to access and use our Services and the Site solely for your own personal use or the internal use of your business. With respect to any open source or third-party code that may be incorporated in the Site, such code is governed by the applicable open source or third-party license, if any, authorizing use of such code.

By using the Site or the Services, you agree that you will not: (i) download, copy, reproduce, license, sublicense, publish, distribute, transfer, assign, display or otherwise commercially exploit or provide access to the Proprietary Materials (defined below) to any third party in any way; (ii) rent, lease, lend, sell or commercially use, except as allowed herein or otherwise approved in writing by us; or (iii) rearrange, modify, create derivative works using or reverse engineering the Proprietary Materials. If you make use of the Site or the Proprietary Materials, other than as provided herein, in doing so you will be in breach of this Agreement and may be in violation of copyright and other laws of the United States and other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. Except as provided herein we do not grant any license or other authorization to any user for the use of our trademarks, registered trademarks, service marks, copyrightable material or intellectual property by including them on the Site.

 

Intellectual Property Ownership

The Site, including, without limitation, the content, data, metadata, design, organization, compilation, look and feel, the source, object and HTML code and all other protectable intellectual property available through the Services and/or comprising the Site (the “Proprietary Materials”) are the sole and exclusive property of WaitlistPlus or our licensors (if any) and are protected by copyright, trademark, trade secret and other intellectual property laws. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of or created from the Proprietary Materials or the Services shall be owned solely and exclusively by WaitlistPlus, and/or, as applicable, our licensors, as shall any and all patent rights, copyrights, trade secret rights, trademark rights, and all other proprietary rights, worldwide therein and thereto. All rights regarding the Proprietary Materials not expressly granted in this Agreement are reserved by us.

You shall not remove or authorize or permit any third party to remove any proprietary rights legend from the Proprietary Materials. The information on the Site including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law, including copyright law.

This Agreement does not constitute a sale and does not convey to you any rights of ownership in or related to the Proprietary Materials, or any intellectual property rights owned by us.

The company name, service names and associated logos are trademarks of WaitlistPlus, and you agree not to use or display them in any manner without our prior written permission. Nothing on the Site should be construed to grant any license or right to use any WaitlistPlus trademark without the prior written consent of WaitlistPlus. Product names, logos, designs, titles and words associated with the Services and the Site may be protected under law as trademarks, service marks or trade names of WaitlistPlus. Such trademarks, service marks and trade names may be registered in the United States and internationally.

User Content

“User Content” means any and all information and content that a user submits to or posts on the Services and the Site. You will own your User Content, subject to the license granted to us in this Agreement, and you are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service. We reserve the right to remove any User Content from the Service at our sole discretion. By transmitting and submitting any User Content while using the Service, you agree as follows:

  • You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
  • You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content;
  • You will abide by our User Code of Conduct in this Agreement; and
  • You affirm we have the right to determine whether any of your User Content submissions are appropriate and comply with this Agreement, to remove any and/or all of your submissions, and to terminate your account with or without prior notice.

You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. We are not responsible for any public display or misuse of your User Content. We do not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service.

License for User Content

You grant, and you represent and warrant that you have the right to grant, to us an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Site and Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

Feedback

If you provide us any feedback or suggestions regarding the Services and/or the Site (“Feedback“), you assign to us all rights in the Feedback and agree that we will have the right to use the Feedback and related information in any manner we deem appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.

User Rules of Conduct

The Site and the Services may be used only for lawful purposes. You are responsible for your own communications, including the upload, transmission and posting of information, and the consequences of such postings on or through the Site and the Services. We may, in our sole discretion and with or without notice, terminate your account if you misuse the Site or our Services, or if you violate this Agreement including, without limitation, the rules of conduct contained in this section. WaitlistPlus may delete any information provided by you that it deems, in its sole discretion, illegal, fraudulent, abusive, defamatory, and obscene or in violation of a copyright, trademark or other intellectual property or ownership right of any other person.

WaitlistPlus specifically prohibits any use of the Site and the Services to, and you and all users agree that you will not use the Site or the Services for, any of the following:

  • upload, post, or transmit to WaitlistPlus or any other user by any means, or otherwise make available any content or materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
  • impersonate any person or entity, including another user, Client, Participant, or an employee of WaitlistPlus, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • use the Site or the Services for any unlawful or fraudulent purposes or for sending or storing unlawful or fraudulent materials;
  • intentionally or unintentionally violate any applicable local, state, national or international law or any regulations having the force of law;
  • solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users, including usernames or passwords, except as allowed under this Agreement;
  • stalk or otherwise harass another user or any of our employees;
  • access or attempt to access another user’s account in order to use the Site and/or Services except as allowed under this Agreement;
  • create, scrape or display our content for any purpose;
  • post any content from the Site to weblogs, news groups, mail lists or electronic bulletin boards, without our written consent;
  • use the Site or the Services to design or build a competitive product or service or a product using similar ideas, features, functions or graphics of the Site;
  • access the Site or Services through access points or a wireless data account (AP) which you are not authorized to use;
  • post content or material that infringes on any intellectual property, trade secret, privacy or publicity right of another;
  • cause nuisance, annoyance, disruption, or inconvenience to WaitlistPlus or any other user; or
  • attempt to interfere in any way with the Site’s or WaitlistPlus’ networks or network security, or attempting to use the Service to gain unauthorized access to any other computer system.
Security Rules

Violations of our system or network security may result in civil or criminal liability. WaitlistPlus will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:

  • launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Site or our network or host;
  • attempt to impair, interfere with or disrupt our servers or networks;
  • access data not intended for you or logging into a server or account that you are not authorized to access;
  • attempt to probe, scan or test the vulnerability of our system or network or to breach security or authentication measures without proper authorization; or
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted.
Representation and Warranty; Indemnity

You represent and warrant to WaitlistPlus that any information or materials you post on or transmit through the Site for any purpose will not infringe on the intellectual property rights or trade secrets or violate any other rights of any third party. You agree to defend, indemnify and hold WaitlistPlus, its affiliates, and each of its and their respective directors, officers, managers, employees, contractors, shareholders, agents, representatives, licensors, successors and assigns harmless from and against any and all claims, suits, liabilities, damages, costs and expenses, including court costs, collection expenses and reasonable attorneys’ fees, in any way arising from, related to or in connection with (i) your use or misuse of the Site or the Services, (ii) your violation of this Agreement, or (iii) the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.

Modification or Interruption of Services
  • Modification of Services. We reserve the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, the Services, or any portion thereof, with or without notice. You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of the Services or any portion thereof.
  • Interruption of Service. We may on occasion need to interrupt or suspend the Service, with or without prior notice, to protect the integrity or functionality of the Service or for maintenance purposes. You agree that we are not liable for any interruption or suspension of the Service (whether intentional or not), and you understand that you will be not entitled to any refunds of fees or other compensation for interruption or suspension of Service. Likewise, you agree that in the event of loss of any User Content, we will not be liable for any purported damage or harm arising therefrom.
Third Party Web Sites, Products and Services

The Site and/or Services may link to or promote websites, products and/or services from other companies. You agree that we are not responsible for, and do not review, examine or control, those websites or any third party products or services in any way. We encourage you to be aware of this when you leave the Site or click on links controlled by third parties, and to read the legal notices and privacy policies of each and every location you visit. Your use of a third party product, service or website will be subject to such third party’s terms of use, privacy policy and any other applicable terms and conditions. In no event shall WaitlistPlus be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of any linked third party websites or the information or material accessed through or products or services offered by these linked third party websites.

Promotions and Offers

We may, as part of our Services, encourage you to participate and enjoy our promotions. The following terms and conditions apply to all offers and promotions, unless otherwise stated. By accepting any promotional offer, you agree to be bound by the following additional terms. We reserve the right to send particular promotions to particular users. We may use any personal information you provide to us (including your email address), to provide you (by email or otherwise) with information regarding our contests and promotions.

Price discounts cannot be used together or combined with other discount offers or promotional offers. Promotional offers are intended for the addressed recipient only and cannot be transferred. If you are not the intended recipient, then the offer is null and void. We may request further information from you if you wish to participate in our promotions and offers. Participation in these promotions is completely voluntary. Therefore, you have the choice to decline to participate in any promotion where you are required to provide further information about yourself.

Releases

You agree not to hold WaitlistPlus liable for the User Content, actions, or inactions of you or other users of the Service or of other third parties. As a condition of access to the Service, you release WaitlistPlus (and its officers, directors, shareholders, agents, subsidiaries, and employees) from claims, demands, losses, liabilities and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have or claim to have with one or more other users of the Service or with other third parties, including whether or not WaitlistPlus becomes involved in any resolution or attempted resolution of the dispute. If you are a California resident, you waive California Civil Code Section 1542 (as may be amended). The statute currently provides: “A general release does not extend to claims that the creditor or the releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or release party.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, WAITLISTPLUS EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND WHATSOEVER, WHETHER ORAL OR WRITTEN, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT REGARDING THE SITE AND THE SERVICES INCLUDING WITHOUT LIMITATION ALL CONTENT, FUNCTION AND MATERIALS WHICH ARE PROVIDED “AS-IS”AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND. NO ADVICE, RESULTS, INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE APPLICATION SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. To the maximum extent permitted by law, we do not warrant that (i) the Site or the Services will meet your requirements or you will achieve any specific results from use of the Site or the Services, (ii) the operation of the Site will be uninterrupted, error-free, or that the Site or the server that makes the Site available are free of viruses or anything else harmful, or (iii) that any defects or errors will be corrected. To the fullest extent permitted by law, you understand that WaitlistPlus does not make any warranties or representations regarding the use of or content in the Site in terms of their quality, accuracy, adequacy, timeliness, completeness, usefulness, reliability or otherwise. You understand and expressly agree that you use the Site and the Services at your own risk, and that you will be solely responsible for your use and any damage to your computer system or any other device in which you access the Site or the Services, loss of data or other harm of any kind that may result. If any applicable authority holds any portion of this section to be unenforceable, then our liability and responsibility will be limited to the maximum extent permitted by applicable law. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WAITLISTPLUS, ITS AFFILIATES, AND EACH OF ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, CONTRACTORS, SHAREHOLDERS, AGENTS, REPRESENTATIVES, LICENSORS, SUCCESSORS AND ASSIGNS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR PERSONAL INJURY, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOST BUSINESS, GOODWILL, USE OR DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM: (i) YOUR USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR DATA MADE AVAILABLE THROUGH THE SERVICES; (ii) THE ACTIONS OR INACTIONS OF ANY OTHER USER YOU ARE IN CONTACT WITH VIA THE SITE OR THE SERVICES; (iii) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iv) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICES OR THIS AGREEMENT. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WAITLISTPLUS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND THE SERVICES. YOUR ONLY REMEDY AGAINST US FOR USE OF THE SITE OR SERVICES IS TO STOP USING THE SITE AND THE SERVICES. THAT SAID, IF WAITLISTPLUS IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE OR ANY SERVICES, OUR LIABILITY SHALL NOT EXCEED $100.00 IN THE AGGREGATE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

The terms of this Agreement that limit liability reflect an informed voluntary allocation of risk; such allocation represents a material part of this Agreement. You agree that the limitations of liabilities set out in this Agreement are fair and reasonable in the circumstances.

Notice of Copyright Infringement

If you believe that your copyrighted work has been copied, posted or distributed through the Site in a manner that constitutes copyright infringement, you should provide our copyright agent with a written notice that sets forth the infringement details. To be effective, the written notice must contain the following information:

  • a description of the copyrighted work that you believe has been infringed;
  • a description of the material that you claim is infringing the copyrighted work identified in #1, and a detailed description of where it is located on our Site;
  • your contact information including address, telephone number, and email address;
  • a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you, made under penalty of perjury, affirming that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

Please send the written communication to our copyright agent at the following address:

By mail: WaitlistPlus, Attn: copyright agent, 571 Lundy Ln, Hudson WI 54016

Email: support@waitlistplus.com

Arbitration

Except as prohibited by law, any dispute between WaitlistPlus and you shall be resolved through binding arbitration in Hudson, Wisconsin under the Federal Arbitration Act. Nothing in this arbitration provision is intended to prevent WaitlistPlus or you from filing charges with state or federal agencies. You agree that such arbitration shall be conducted on an individual basis only, not a class, collective or representative basis, and you hereby waive any right to bring class-wide, collective or representative claims before any arbitrator or in any forum. YOU UNDERSTAND THAT BY AGREEING TO ARBITRATE DISPUTES YOU ARE WAIVING ANY RIGHT THAT YOU MIGHT OTHERWISE HAVE TO A JURY TRIAL. You can decline this agreement to arbitrate by submitting the opt-out form within 30 days of first accepting this Agreement. Judgment on the arbitration award may be entered into any court having jurisdiction in Hudson, Wisconsin. This arbitration provision is not intended to modify or limit the right of WaitlistPlus or you to seek equitable relief, such as an injunction or attachment, through judicial process, which will not be deemed a waiver of the right to demand and obtain arbitration. In the event of any dispute between you and WaitlistPlus concerning the terms and provisions of this Agreement, the party prevailing in such dispute shall be entitled to collect from the other party all costs incurred in such dispute, including reasonable attorney’s fees, court costs and all collection expenses.

General Terms and Conditions
  1. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of Wisconsin, United States of America, without regard to any conflict or choice of law principles.
  2. Severability. If any provision in this Agreement is held invalid by a court of competent jurisdiction, the remainder of this Agreement shall continue to be enforceable. If any provision in this Agreement is deemed unlawful, void or unenforceable, then that provision is deemed severable from this Agreement and the remaining provisions are still valid and enforceable.
  3. Assignment; Beneficiaries. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. We may assign our rights and obligations under this Agreement. This Agreement will inure to the benefit of our successors, assigns and licensees.
  4. No Continuing Waiver. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of this Agreement, or to exercise any right under the Agreement, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.
  5. Notices. By using the Site, you consent and agree to receive certain electronic communications from WaitlistPlus. You agree that any notice, agreement, disclosure or other communication that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing and will be legally enforceable as a signed document. We are not responsible for your failure to receive notice if email is quarantined by your email security system (e.g., “junk” or “spam” folder) or if you fail to update your email address.
  6. Claim Limitation. Any claim or cause of action you may have with respect to WaitlistPlus, the Site or the Services must be commenced within one (1) year after the claim or cause of action arose.
  7. Entire Agreement; Interpretation. This Agreement, including the Terms of Service, Privacy Policy and any other policies incorporated herein by reference, constitute the entire agreement and understanding between you and WaitlistPlus relating to and governing your use of the Site and the Services and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In this Agreement, the words “including” and “include” mean “including, but not limited to.”
  8. Headings. The subject headings of the sections in this Agreement are included for purposes of convenience only and shall not affect the construction of interpretation of any of its provisions.
  9. Survival. Any and all provisions of this Agreement that would reasonably be expected to be performed after the termination or expiration of this Agreement shall survive and be enforceable after such termination or expiration including, without limitation, provisions relating to ownership, indemnification, limitation of liability and governing law.
Contact Us

To contact us with any questions or concerns in connection with this Agreement, the Services or the Site, please email us at support@waitlistplus.com.