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