THE FOLLOWING DESCRIBES THE TERMS ON WHICH NETWAITER, LLC (“NETWAITER, WE, US”) OFFERS YOU ACCESS TO OUR SERVICES.
Welcome to the User Agreement (the “Agreement”) for NetWaiter, LLC. 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”), 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.
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.
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 are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our Site. 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.
Joining NetWaiter is free. If we decide to change our fees for any of our services, our changes will be reflected on our Site and are effective after we provide you with at least fourteen (14) days notice of the changes by posting them on our Site. However, we may choose to temporarily change our fees for our services for promotional events and such changes are effective when we post the temporary promotional event on the Site. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fess are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service and the Site 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 is charged to the credit card provided. You cannot cancel a purchase or receive a refund for a purchase.
NetWaiter does not sell products to the public. Instead, the Site 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.
We use many techniques to verify the accuracy of the information users provide us when registering on the Site. However, because user verification on the Internet is difficult, NetWaiter cannot and does not confirm each user's purported identity.
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.”
We do not control the information provided by our clients that is made available through our system. You may find some information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Site. By using the Site, you agree to accept such risks and NetWaiter is not responsible for the acts or omissions of our clients.
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 Site.
“Your Information” is defined as any information you provide to us in registration, feedback, or throughout any Email feature. You are solely responsible for Your Information.
Your Information and your activities on the Site 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.
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.
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.
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).
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.
You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our service.
You and NetWaiter are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.
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.
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.
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.
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 $1,000, 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.
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 Site 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.