Waitless Mobile Application Terms Of Use

LAST REVISED MAY, 2013

The following Terms of Use ("Agreement") governs use of the Waitless Mobile Application and Web Application ("App"), as provided by Go Swiftly, LLC ("Service Provider," "we," or "our"), by all those who access the App, including without limitation persons and representatives of entities, whether such representatives are persons or digital engines of any kind that crawl, index, scrape, copy, store or transmit digital content (collectively, "you" or "your"). Please read the rules contained in this Agreement carefully. By downloading, using or registering on any aspect of the App, you agree to comply with these rules. If you cannot agree with these rules, please do not download, register for or use the App. For information regarding use of information about you that may be collected via your use of the App, please see the Privacy Section on the website www.iwaitless.com/privacy This Agreement may be modified from time to time; the date of the most recent revisions will be communicated on or through the App, so check back often. Continued access of the App by you will constitute your acceptance of any changes or revisions to the Agreement. Your failure to follow these rules, whether listed below or communicated on or through the App, may result in suspension or termination of your access to the App, without notice, in addition to Service Provider's other remedies.

1. MONITORING.

1.1. We strive to provide an enjoyable experience for our users, so we may monitor activity on the App to foster compliance with this Agreement. All users of the App hereby specifically agree to such monitoring. Nevertheless, we do not make any warranties or guarantees that: (1) the App, or any portion thereof, will be monitored for accuracy or unacceptable use, (2) apparent statements of fact will be authenticated, or (3) we will take any specific action (or any action at all) in the event of a dispute regarding compliance or non-compliance with this Agreement.

2. REGISTRATION AND ACCOUNT CREATION.

2.1. Registration Information. Service Provider may at times require that you register and/or set up an account to use certain portions of the App, or the App as a whole. In order to do so, you may be provided, or required to choose, a password, User Id, and/or other registration information (collectively, "Registration Information"). You agree and represent that all Registration Information provided by you is accurate and up-to-date. You may not impersonate, imitate or pretend to be somebody else when registering and/or setting up an account on the App. If any of your Registration Information changes, you must update it by using the appropriate update mechanism on the App, if available.

2.2. Use of User ID/Password.

2.2.1. If you register and/or set up an account on the App, you will be solely responsible for maintaining the confidentiality of your Registration Information. You may not authorize others to use your Registration Information. You may not sub-license, transfer, sell or assign your Registration Information and/or this Agreement to any third party without our written approval. Any attempt to do so will be null and void and shall be considered a material breach of this Agreement.

2.2.2. You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your Registration Information, with or without authorization, or who has access to any mobile or other device on which your account resides or is accessible.

2.2.3. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your Registration Information or any credit, debit or charge card number stored on the App), you must promptly change the affected Registration Information by using the appropriate update mechanism on the App, if available, close the account and notify our Legal Department. The Legal Department information is available on the website www.iwaitless.com.

2.3. Fees and Payments.

2.3.1. Service Provider or third parties may charge you fees for products or services offered for sale through the App, and/or for access to portions of the App or the App as a whole. You agree to pay all fees and charges, including applicable taxes, incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or services offered for sale through the App by Service Provider or by any third party vendor or provider (such fees, charges and taxes shall collectively be referred to as "Fees"). Service Provider reserves the right to change the amount of, or basis for determining, any Fees, and to institute new Fees, effective upon prior notice to you.

2.3.2. If you submit your credit, debit or charge card information to Service Provider upon registration or otherwise, you give Service Provider permission to charge all Fees incurred through your account to the credit, debit or charge card you designate. Any additional Fees (other than renewal fees) will be charged at the time they are incurred. If payment cannot be charged to your credit, debit or charge card or your payment is returned to Service Provider for any reason, including charge back, Service Provider reserves the right to either suspend or terminate your account and all its obligations under this Agreement.

3. RULES OF USAGE

3.1. USE OF THE APP BY YOU: This App is not intended for use by children, especially those under age 13. No one under age 13 is allowed to provide any personal information or use our public discussion areas, forums and chats. Minors between the ages of 13 and 17 must get the permission of their parent(s) or legal guardian(s) before purchasing the App, or making purchases on or through, the App.]

3.2. Unless otherwise specified, the App is intended for your personal use only. You may not authorize others to use the App, and you are responsible for all use of the App by you and by those you allow to use, or provide access to, the App. You may not impersonate, imitate or pretend to be somebody else when using the App.

3.3. You may not provide to or post on or through the App any graphics, text, photographs, images, video, audio or other material that constitutes junk mail, spam, advertising, and/or commercial offers. You may not repeat the same posting multiple times in a day or week.

3.4. You agree not to use any obscene, indecent, or offensive language or to provide to or post on or through the App any graphics, text, photographs, images, video, audio or other material that is defamatory, abusive, bullying, harassing, racist, hateful, or violent. You agree to refrain from communicating ethnic slurs, religious intolerance, homophobia, and/or personal attacks on or through the App.

3.5. You further agree not to use any sexually explicit language or to provide to or post on or through the App any graphics, text, photographs, images, video, audio or other material that is sexually explicit. Do not engage in "cyber-sex" (i.e., virtual or simulated sex") or solicit another to participate in "cyber-sex" on or through the App.

3.6. You may not provide to or post on or through the App any graphics, text, photographs, images, video, audio or other material that is encrypted, invades anyone's privacy, or illustrates, references or encourages conduct that would constitute a criminal offense, give rise to civil liability, or that otherwise violates any local, state, federal, national or international law or regulation (e.g., drug use, underage drinking). You agree to use the App only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability. Do not provide to or post on or through the App any graphics, text, photographs, images, video, audio or other material that includes instructions for weapon and/or explosive manufacture or use.

3.7. You are responsible for ensuring that any graphics, text, photographs, images, video, audio or other material you provide to or post on the App does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party or is provided or posted with the permission of the owner(s) of such rights.

3.8. The App may contain graphics, text, photographs, images, video, audio and other material that is clearly identified for your use (collectively, "Assets"). The Assets are protected by state, national and international copyright, trademark and other intellectual property laws. Nevertheless, we (and our licensors) grant to you the limited, non-exclusive, right and license to use the Assets solely as described on the App, as limited by this Agreement, and provided further that you keep intact any and all copyright and other proprietary notices.

3.9. The App also contains other graphics, text, photographs, images, video, audio, software, code, and other material that is provided by Service Provider or its licensors and is not clearly identified as, or intended, for your use, including without limitation the organization, design, compilation, and "look and feel" of the App, and advertising thereon (collectively, "App Content"). The App Content is protected by state, national and international copyright, trademark and other intellectual property laws, and is the property of Service Provider or its licensors. The copying, reproduction, publication, display, rearrangement, redistribution, modification, revision, alteration, cropping, re-sizing, reverse engineering, movement, removal, deletion, or other use or change by you, directly or indirectly, of any such App Content, including but not limited to the removal or alteration of advertising, is strictly prohibited.

3.10. You may not in any way make commercial or other unauthorized use, by publication, re-transmission, distribution, performance, caching, aggregation or otherwise, of material obtained through the App, including without limitation the Assets or App Content, except as permitted by the Copyright Act or other law or as expressly permitted in writing by this Agreement, Service Provider or the App.

3.11. You agree not to disrupt, overwhelm, attack, modify, reverse engineer or interfere with the App or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others' use of the App.

3.12. You may not attempt to gain unauthorized access to Service Provider's servers by any means - including, without limitation, by using administrator passwords or by masquerading as an administrator while using the App or otherwise.

3.13. You acknowledge that Service Provider has not reviewed and does not endorse the content of the services available for purchase on the App or of websites linked to from this App and is not responsible for the content or actions of any other sites, services or applications linked to from this App. You assume all risk by linking to any service or site.

4. Third Party Materials. Certain Merchants may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. You acknowledge and agree that Service Provider is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Service Provider does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you.

5. COMMENTS BY OTHERS ARE NOT ENDORSED BY SERVICE PROVIDER.

5.1. Service Provider does not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted on forums, blogs or otherwise contained in the App. Any information or material placed online, including advice and opinions, are the views and responsibility of those who post the statements and do not necessarily represent the views of Service Provider or its third party service providers. You agree that Service Provider and its third party service providers are not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even material that violates this Agreement.

6. USE OF MATERIAL SUPPLIED BY YOU.

7. COPYRIGHT. The Content you upload into our services is completely owned by you. You, however, grant Go Swiftly non-exclusive rights to use, reproduce, distribute in any format, your Content uploaded through the Service, which is subject to these Terms of Service and our privacy policy. You warrant that you have sufficient rights to grant this license.

8. MERCHANT, ORDERS AND MENU MANAGEMENT.

8.1. Merchant is solely responsible for the contents of the menu. Menu prices are subject to change. Service Provider is not responsible for the prices listed by Merchant and does not stand by prices provided by merchants on menus provided.

9. INDEMNITY.

9.1. You agree to indemnify and hold harmless Go Swiftly, its employees, officers, affiliates, agents, and partners from any claim, action, demand, loss of damages, including attorneys’ fees made or incurred by any third party arising out of or relating to the Content you upload, your use of the Service, your violation of these Terms of Service, or your violation of any rights of a third party.

10. WARRANTY.

10.1. NO WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND ANY SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND SERVICE PROVIDER, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APP AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. SERVICE PROVIDER, ITS AFFILIATES AND THIRD PARTY SERVICE PROVIDERS DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APP, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APP OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PROVIDER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APP OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

10.2. ACCESS AND USE OF THE APP AND SERVICES OCCURS ACROSS THE NETWORKS OF A NUMBER OF WIRELESS SERVICE PROVIDERS. SERVICE PROVIDER DOES NOT OPERATE THESE NETWORKS AND HAS NO CONTROL OVER THE OPERATIONS OF THE WIRELESS SERVICE PROVIDERS. WE WILL NOT BE LIABLE TO YOU FOR ANY CIRCUMSTANCES THAT INTERRUPT, PREVENT OR OTHERWISE AFFECT THE TRANSMISSION, COMMUNICATION, POST, OR TRANSACTION OR OTHERWISE INTERFERE WITH THE INTEGRITY THEREOF, INCLUDING, WITHOUT LIMITATION, UNAVAILABILITY OF WIRELESS SERVICE, COMMUNICATIONS, NETWORK DELAYS, LIMITATIONS ON WIRELESS COVERAGE, SYSTEM OUTAGES, OR INTERRUPTION OF A WIRELESS CONNECTION. SERVICE PROVIDER DISCLAIMS ANY RESPONSIBILITY FOR ANY WIRELESS SERVICE USED TO ACCESS THE SERVICES.

10.3. USE OF THE SERVICE PROVIDER SERVICES WIRELESSLY MAY INVOLVE THE ELECTRONIC TRANSMISSION OF PERSONAL INFORMATION ACROSS THE NETWORKS OF WIRELESS SERVICE PROVIDERS. BECAUSE WE DO NOT OPERATE OR CONTROL THE WIRELESS NETWORKS USED TO ACCESS SERVICE PROVIDER SERVICES, WE CANNOT GUARANTEE THE PRIVACY OR SECURITY OF WIRELESS DATA TRANSMISSIONS. ADDITIONALLY, THE WIRELESS DEVICE BROWSER IS GENERALLY PRE-CONFIGURED BY YOUR WIRELESS INTERNET SERVICE PROVIDER. CHECK WITH YOUR SERVICE PROVIDER FOR INFORMATION ABOUT THEIR PRIVACY AND SECURITY PRACTICES. FOR PERSONAL OR CONFIDENTIAL INFORMATION SENT TO OR FROM SERVICE PROVIDER OVER THE INTERNET FROM A MOBILE PHONE, SERVICE PROVIDER RESERVES THE RIGHT TO LIMIT SUCH CONNECTIONS TO “SECURE SESSIONS” THAT HAVE BEEN ESTABLISHED USING TRANSPORTATION LAYER SECURITY (“TLS”). SERVICE PROVIDER WILL TREAT YOUR DATA IN ACCORDANCE WITH THE SERVICE PROVIDER PRIVACY STATEMENT.

10.4. SERVICE PROVIDER, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF THE APP HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE APP, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE APP, YOUR USE OF OR RELIANCE ON THE APP OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE APP, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

10.5. YOU HEREBY AGREE TO RELEASE SERVICE PROVIDER, ITS AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (COLLECTIVELY, "CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE APP. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: "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".

10.6. SERVICE PROVIDER DOES NOT CHARGE FOR USE OR ACCESS OF THE APP. HOWEVER, YOUR WIRELESS SERVICE PROVIDER (INCLUDING WITHOUT LIMITATION ANY ROAMING WIRELESS SERVICE PROVIDER AND ANY WIFI HOT SPOTS) MAY LEVY FEES OR CHARGES FOR TRANSMISSION OR RECEIPT OF MESSAGES AND OTHER COMMUNICATIONS PERFORMED USING YOUR EQUIPMENT ON THE WIRELESS SERVICE PROVIDER NETWORK, AND YOU ARE SOLELY RESPONSIBLE FOR SUCH CHARGES.

11. LIMITATIONS OF LIABILITY.

12. ELECTRONIC SIGNATURE.

12.1. You acknowledge and agree that your use of the App shall involve you providing an electronic signature indicating your desire and intent to use the App to pay for any bill, check, tab or any owed payment. Such electronic signature shall include your pressing buttons on the screen of your mobile device. Your electronic signature indicates your acceptance of the bill, tab, owed payment presented to you by any establishment or merchant and that you agree to settle and pay for any such bill, tab, check or any payment owed using the payment tab in the App.

13. MERCHANDISE SOLD ON OR THROUGH THE APP.

13.1. Neither Service Provider nor its third party service providers make any warranties with respect to any of the merchandise, products and/or services featured, mentioned, or sold on or through the App. Transactions for any such item shall be between the user and the third party seller, or merchant without any involvement of Service Provider or its third party service providers. You agree that Service Provider and its third party service providers are not responsible, and shall have no liability to you, with respect to merchandise, products, and/or services featured, mentioned, sold, or distributed on or through the App, including illegal, offensive or illicit items, even items that violate this Agreement.

14. ADDITIONAL RULES.

14.1. Service Provider reserves the right to communicate through the App or otherwise, from time to time, additional rules of usage that apply to specific parts of the App. Your continued use of the App constitutes your agreement to comply with these additional rules.

15. TERMINATION OR SUSPENSION OF ACCESS TO THE APP.

15.1. Service Provider has the right to terminate and/or suspend your ability to access the App or any portion thereof, for any or no reason, without notice.

16. JURISDICTION.

16.1. Service Provider makes no representation that materials on the App are appropriate, available or legal in any particular location. Those who choose to access the App do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

16.2. You agree that this Agreement, for all purposes, shall be governed and construed in accordance with the laws of the State of Minnesota.