Terms of Service
By using http://www.waitawayapp.com and http://app.waitawayapp.com (collectively the "Sites" or the "Service") services of WaitAway, LLC (“WaitAway”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”). If you visit the Sites, you accept these Terms; if you do not, then you may not use the Service. WaitAway reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at http://www.waitawayapp.com/terms/terms.html Violation of any of the terms below will result in the termination of your Account. You agree to use the Service at your own risk. From time to time, the Service may not be available for any reason including, but not limited to, routine maintenance or technical problems. By your continued use of the Service, you understand and acknowledge that access to the Sites may be interrupted, suspended, terminated, or otherwise limited from time to time, and this in no way holds WaitAway liable for any damages arising out of your access to the Sites (see Limitation of Liability below). Further, WaitAway reserves the right to refuse service, terminate accounts, and remove or edit content (including 3rd party content) available on the Sites.
The Service consists of a web-based interface, SMS messaging applications, data encryption, data transmission, data access, and data storage. You are responsible for obtaining and maintaining all computer hardware, software and communications equipment needed to access the Service, and for paying all access fees (e.g. ISP, mobile carrier) incurred while using the Service.
WaitAway only provides that the SMS text messages and email broadcasts you send through the Service are processed and delivered to the applicable network. WaitAway is not responsible for the final delivery of the SMS text message or broadcast, as this is the responsibility of the cellular telephone operator or other networks.
WaitAway sends SMS text messages using a 3rd party service, and thus WaitAway’s influence over the timing of the transmission of your SMS text messages and broadcasts is within the technical constraints imposed upon WaitAway. While WaitAway shall use commercially reasonable efforts to deliver your SMS text messages and broadcasts to the applicable network for final delivery to your designated recipients as fast as possible, WaitAway cannot commit to, and do not guarantee, a specific maximum delivery time. Such times depend on various network and system-related factors among the various entities involved in the transportation of your SMS text messages and broadcasts across all networks. WaitAway's 3rd party SMS text message service provider does not allow SMS text messaging outside of the U.S. and thus, WaitAway cannot be responsible for the failure of delivery to recipients with non-U.S. service providers. You should know that mobile network operators assign SMS text messages and voice broadcasts with a default lifetime and any SMS text message or broadcast that cannot be delivered successfully within the lifetime assigned to it will be discarded by the mobile network operator without any notice. WaitAway is not liable for any loss incurred by the failure of a SMS text message or broadcast to be delivered, and you acknowledge that damages for financial or other loss resulting from delivery failure cannot be claimed from WaitAway for any such non-deliveries. Furthermore, you agree that SMS text message and broadcast contents are deemed to have zero value.
You represent and warrant that the owners of the phone numbers you provide to WaitAway, to which outbound SMS text messages and broadcasts are sent through the Service, have consented to the receipt of such SMS text messages and broadcasts. You acknowledge and agree that you will send SMS text messages and broadcasts only to individuals who have given you express permission to be contacted. You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account, including without limitation the content of the SMS text messages and broadcasts transmitted through WaitAway.
As part of the registration process you will select a unique username and password. You shall provide WaitAway with accurate, complete, and regularly updated member profile information. You agree to notify WaitAway of any known or suspected unauthorized use(s) of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your username or password. You are responsible for maintaining the security of your account and password. WaitAway cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your user account, at WaitAway’s sole discretion, and you may be reported to appropriate law-enforcement agencies.
You accept that the Service is provided for professional use only, and you agree that your use of the Website or Service shall not include:
You agree that WaitAway is, under no circumstances, responsible for the contents and/or accuracy of your SMS text messages or broadcasts and WaitAway will only transmit them on a basis of good faith that you use the Service in accordance with these Terms. WaitAway will not be liable for any misuse of the Service by you. WaitAway is not responsible for the views and opinions contained in any of your SMS text messages or broadcasts.
WaitAway may have copyrights, trademarks, patents, trade secrets, or other intellectual property rights covering subject matter in the Service, including the web pages that are part of the Service and the Website. Except as expressly provided in these Terms, the availability of the Service and such web pages to you does not give you any license to these patents, trademarks, copyrights, or other intellectual property. All copyrights, trademarks, patents, trade secrets and other intellectual proprietary rights contained in the Website are the sole property of WaitAway, of whom reserves all rights with regard to such materials. You acknowledge and agree that you may not modify, alter, create any derivative works, reverse engineer, decompile or disassemble any portion of the Service or Website, including any proprietary communications protocol used by the Service or Website.
Data Protection & Privacy
A valid credit card is required for each free trial account. When the free trial period ends, You will be billed for your first month immediately. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
In its sole discretion, WaitAway shall determine whether You are eligible for a free trial subscription to its Service. Free trials are limited to one per person and one business location. If WaitAway finds that you have created multiple free trial accounts or have attempted to use the free trial account at multiple locations, WaitAway reserve the right to suspend those accounts and take actions to prevent additional violations.
Service Fees & Automatic Subscription Renewal
You agree to pay all Service subscription fees, SMS text message overage fees, and other Service charges applied to your Account in accordance herewith or with continuing to use the Service and your current monthly subscription plan. The Service subscription fee is billed upfront on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made. SMS text messages are charged on a monthly usage basis which will be totalled and billed on the 1st of each month for the previous month's total.You acknowledge that you are solely responsible for covering the cost for any additional SMS text messages not included in your then current subsciption plan used by each indivdidual account and location in the previous month.
WaitAway may make the Service available under a number of alternative Service subscription plans. Service subsciption plans provide for a prepaid, recurring, and automatically renewing to the Service, for which recurring fees are billed, due and payable, in advance. Such recurring fees may include fees for a base minimum amount of usage during a one month period. Excess or additional SMS text message fees will be billed at the end of the subscription period and due and payable with the prepayment for the next following monthly period. Prepaid amounts are valid for the billing cycle (the monthly period, such as a calendar month) for which they are prepaid and expire at the end thereof, whether used or not. No refunds for unused capacity, or for partial periods of usage prior to effective Account cancellation, or otherwise, shall be given. WaitAway may modify monthly subscription fees or other Service fees or charges upon prior notice (by e-mail to you, or by other reasonable means) at least 14 days prior to the end of the billing cycle.
Unless another payment arrangement has been expressly approved in writing by WaitAway, you must provide us with a valid payment card number for which the you have authority to incur charges. You hereby authorize regular billing upon such periodic basis, including charges to be applied to the your payment card, according to the Service fees until cancelled as provided below. You further authorize WaitAway from time to time to determine whether a current payment card number is valid and contains sufficient credit or funds, by period charge authorizations, or otherwise. If a payment card is cancelled or such card has insufficient credit or funds to pay applicable Service fees, you must immediately provide replacement payment card information with sufficient credit or funds to cover applicable Service fees, or such Account may be suspended or terminated, in WaitAway's discretion.
Time is of the essence for payments hereunder, and any past due amounts shall bear interest at the lower of 15% per annum or the highest rate allowed by applicable law. You are responsible for any costs or expenses (including legal or collection agent fees and expenses) of collecting any past due amounts from you on your Account. Payment obligations are not contingent upon collection of any amounts from any Users or third parties and are personal to you and may not be assigned or delegated by you for any reason, and any attempt to do so, even by operation of law, shall be null and void. Billing disputes must be submitted within 10 days of the applicable billing date or are deemed waived.
WaitAway may, without refund, terminate an Account or suspend access to the Service immediately without notice, in WaitAway's sole discretion, if you fail to (1) pay all amounts when due, or (2) comply with these Terms of Service, thereby terminating these Terms of Service (except for terms which by their nature should survive) and all obligations of WaitAway hereunder or with respect to the Service. You shall be responsible for any balance due on the Account.
Payment, Refunds, Upgrading and Downgrading Terms
If you initially sign up for a Basic, Standard, or Unlimited account, and you don't cancel that account within before the end of the then current month, you will be billed monthly starting on the 1st day of each continued calendar month. If you cancel prior to the processing of the invoice on the 1st day of the next calendar month, you will not be charged. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
Modifications to Service Fees
WaitAway reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Any price change will be communicated to you at least 14 days in advance so that you have an opportunity to elect to not renew. Such notice may be provided at any time by posting the changes to the Website or the Service itself. If you do not wish to be bound by such changed price relating to your Plan Service you may terminate your subscription of your Service in accordance with section, "Termination by the User for No-Contract, Monthly Subscription Applications". Your continued use of the Service after the communication of such price change to you constitutes an acceptance of such new price. WaitAway shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
As WaitAway is dependent on other entities for the delivery of the SMS text messages and broadcasts, WaitAway's pricing may require adjustment in order to account for costs that are not in WaitAway's control. Accordingly, WaitAway may adjust prices from time to time without prior notice.
No Warranty; Limitation of Liability
You acknowledge that SMS text messages are transmitted unencrypted and that eavesdropping of cell phone communications, including SMS delivery, by 3rd parties is possible. WaitAway recommends that you ensure sensitive and valuable information is communicated by a protected and/or encrypted method.
WaitAway shall use commercially reasonable efforts to make access to the Service available through the required access protocols, but makes no warranty or guarantee that (i) the Service will be available at any particular time; or (ii) you will be able to access the Service at any particular time or from any particular location. WaitAway will not be liable for any act or omission of any other company or companies furnishing a portion of the Service (including, without limitation wireless carriers), or from any act or omission of a third party, including those vendors participating in WaitAway offerings made to you, or for equipment that it does not furnish, or for damages that result from the operation of customer-provided systems, equipment, facilities or services that are interconnected with the Service.
NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, THE WEBSITE AND SERVICE ARE PROVIDED“AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER, EXPRESSED ORIMPLIED. NOTWITHSTANDING THE FOREGOING OR ANY STATEMENT TO THE CONTRARY CONTAINED IN THESETERMS, WAITAWAY DOES NOT WARRANT THAT THE USE OF THE WEBSITE OR SERVICE WILL BEUNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BEOBTAINED FROM USE OF THE SERVICE OR THAT THE WEBSITE OR SERVICE WILL MEET ANY OF YOUR SPECIFICREQUIREMENTS, OTHER THAN AS MAY BE EXPRESSLY SET FORTH IN THESE TERMS. WAITAWAY MAKES NOREPRESENTATIONS OR WARRANTIES AND HEREBY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIESOF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE SERVICE,INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULARPURPOSE, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICE, SOFTWARE,TEXT, GRAPHICS OR LINKS, AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING, COURSE OFPERFORMANCE OR USAGE OF TRADE.
WAITAWAY SHALL NOT BE LIABLE TO YOU OR
TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL,SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES ARISING FROM LOSSOF USE OR LOST BUSINESS, LOSS OF OPPORTUNITY, LOSS OF REVENUE, LOSS OF ACTUAL OR ANTICIPATEDPROFITS, LOSS OF DAMAGE TO OR CORRUPTION OF DATA OR LOSS OF GOODWILL), OR FOR ANY COST OFPROCUREMENT OF SUBSTITUTE SERVICES ARISING IN CONNECTION WITH THESE TERMS, WHETHER IN AN ACTIONIN CONTRACT, TORT, STRICT LIABILITY OR NEGLIGENCE, OR OTHER ACTIONS, EVEN IF ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE WEBSITE OR THE SERVICE RESULTS IN THE NEED FORSERVICING OR REPLACING EQUIPMENT, SOFTWARE OR DATA, WAITAWAY IS NOT RESPONSIBLE FOR THOSECOSTS. WAITAWAY’S TOTAL LIABILITY ARISING OUT OF YOUR USE OF THE WEBSITE OR SERVICE FOR DIRECTDAMAGES SHALL NOT, IN THE AGGREGATE, EXCEED AN AMOUNT EQUAL TO THE MONTHLY TRANSACTION FEEPAID BY YOU IN THE MONTHLY PERIOD GIVING RISE TO THE FIRST CLAIM MADE.
User Warranties; Indemnification
You warrant and represent to WaitAway that you are and shall at all times remain in full compliance with all applicable laws, rules and regulations with regard to your use of the Website and Service, including without limitation the Telephone Consumer Protection Act, the Telemarketing Sales Rule, the CAN-SPAM Act (Controlling the Assault of Non-Solicited Pornography and Marketing Act) of 2003, and all other laws and regulations concerning privacy, telemarketing and Internet marketing.
You agree to indemnify, hold harmless, and defend WaitAway and its affiliates and each of their respective officers, directors, shareholders, employees, agents, representatives, content providers and service providers, against any and all claims, liabilities, damages, costs and expenses (including, but not limited to, consequential damages, incidental damages, special damages, attorneys’ fees and disbursements) arising from or relating to any actual or threatened claim, suit, action or proceeding based upon or arising out of: (i) your breach of the above warranties; or (ii) any use by you, or an account or computer owned by you, of the Website or Service. You agree to cooperate as fully as reasonably required in the defense of any claim and WaitAway reserves the right, at WaitAway's own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You acknowledge and agree to be held liable for any and all damages caused to WaitAway by you as a direct result of a violation of local, state, national or international laws and regulations.
In no event shall WaitAway be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on the Website, even if a WaitAway authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Modification of Terms
WaitAway may frequently update, modify and otherwise continually seek to improve the Service and such changes often require an update or revision to these Terms. Accordingly, WaitAway reserves the right to change or discontinue any aspect or feature of the Service, as well as modify, change and/or update these Terms, from time to time, as deemed appropriate. Any updates to these Terms shall be posted on this Website, from time to time. You acknowledge your responsibility to review these Terms from time to time and to be aware of any such changes. If you do not agree with any such changes, your use of the Service may be canceled in accordance with the procedures for cancellation set forth herein.
Termination, Cancellation and/or Suspension by WaitAway
If at any time you breach these Terms, WaitAway may elect to suspend, terminate and/or cancel your use of the Service and/or recover any damages from you arising from the event(s) giving rise to the suspension, termination or cancellation. WaitAway reserves the right to suspend your Service at any stage for any reason and may deem necessary to continue to provide the Service in a way that may be hindered by your status as being a client, your financial status or the content of the SMS text messages or broadcasts originating from you.
Upon any such termination, cancellation and/or suspension, you are still responsible for any obligations then accrued. Your obligation to pay all amounts accrued and owed by you shall continue even after any suspension or cancellation of your access to the Service (in whole or in part). Upon termination, for any reason, you agree to immediately cease using the Service and WaitAway shall have no obligation to you after any termination or cancellation of these Terms.
The provisions regarding ownership, payments, warranties and indemnifications will survive any suspension, termination or cancellation of your use of the Services or Website.
Termination by the User for No-Contract, Monthly Subscription Applications
You are solely responsible for properly canceling your accountby emailing WaitAway. All of your Content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will pay the then-current Service fee SMS text message fees.
Links to Other Websites
The Website may contain links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by WaitAway of the contents on such third-party websites. WaitAway is not responsible for the content of linked third-party websites and does not make any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk.
WaitAway cannot ensure that you will be satisfied with any products or services that you purchase from a third-party website that links to or from the Website, since these websites are owned and operated by independent third-parties. WaitAway does not endorse any of the products/services, nor has WaitAway taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party websites. WaitAway does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such websites. WaitAway strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or off-line transaction with any of these third-parties.
You are prohibited from violating or attempting to violate the security of the Website and Service and from using the Website and Service to violate the security of other websites by any method, including, without limitation: (a) accessing data not intended for you or logging into a server or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; © attempting to interfere with service to any user of the Website or Service, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”; (d) sending unsolicited e-mail, including promotions and/or advertising of products or services; or (e) forging any WaitAway packet header or any part of the header information in any e-mail, instant message, SMS text message or newsgroup posting. Violations of system or network security may result in civil or criminal liability. WaitAway may investigate violations of these Terms and Conditions, and may involve and cooperate with law enforcement authorities in prosecuting users of the Website who are involved in such violations.
WaitAway shall not be liable for any failure or delay in performing its obligations hereunder, which such failure or delay is caused by fire, flood, earthquake, elements of nature or acts of God, acts of war, insurrection, terrorism, strike, failure or downtime of any telecommunications line and/or unavailability of any telecommunications facilities, power failure, governmental restrictions, any court order, compliance with any law, regulation, or order of any governmental authority, or any other cause beyond the reasonable control of WaitAway. In addition, WaitAway shall be so excused in the event it is unable to acquire from its usual sources, and on terms it deems to be reasonable, any material necessary for the performance of the Service.
The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.
No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind WaitAway in any respect whatsoever. In any action or proceeding to enforce rights under these Terms, the prevailing party will be entitled to recover costs and attorneys’ fees.
All notices required hereunder shall be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. WaitAway may give notice to you by means of a general notice on the Website or Service, electronic mail to your e-mail address on record in WaitAway’s account information, or by written communication sent by personal delivery, fax, overnight courier, or certified or registered mail to your address on record in WaitAway’s account information.
You hereby grant WaitAway the right to use your name and/or logo within a publicly viewable list of clients or in press releases applicable to WaitAway, the Website or the Service.
These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey notwithstanding its laws governing conflicts of laws. The parties agree that any action or proceeding brought to defend the rights or enforce the obligations of a party hereto shall be brought in the courts of the State of New Jersey. The terms and conditions of Service are only those stated herein, which shall constitute the complete agreement between the parties. No terms and conditions stated in or attached to your communications to WaitAway are applicable to these Terms in any way and are not to be considered your exceptions to the provisions of these Terms.
Copyright and Trademark Notices
All content, design and layout of the Website: Copyright © 2012 WaitAway, LLC. All rights reserved.
All trademarks or tradenames are the property of their respective owners. Questions about the Terms of Service should be sent to firstname.lastname@example.org.