Waitbusters
Terms of Service ("Terms") - Guests

Last updated: (June 20, 2017)

Who We Are

Waitbusters

Waitbusters is an Front of House (FOH) management and marketing software as a service (SAAS). All the Waitbusters code resides and for the most part, runs in the Amazon Web Services (AWS) Cloudon AWS. All Waitbusters application viewing is done via a web browser, Facebook Messenger chatbot and other messenger platforms such as Kick, Skype, Whatsapp, WeChat, Slack and others.

The basic functionality of Waitbusters includes the following:

These Terms
These Terms of Service (the “TOS”) govern your access to and use of Waitbusters Dining Services, and along with our privacy policy, constitute a binding contract between you as an individual user of the service, and Waitbusters, LLC. Throughout the TOS, we will refer to you as “you” and we will refer to Waitbusters, LLC and its affiliates and subsidiaries as “we”, “us”, “Waitbusters Dining”. Please read these Terms of Service ("TOS”, "Terms of Service") carefully before using the Waitbusters Dining, (the "Service”).

Acceptance of Terms of Service
By registering for and/or using the Services in any manner, you agree to these TOS and all other operating rules, policies and procedures that may be published from time to time on the website by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you.

Some of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these TOS by this reference.

These TOS apply to all users of the Services, including, without limitation, users who are contributors of content, information, API’s and other materials or services, registered or otherwise.

Eligibility to Use the Service
You represent and warrant that you are at least 13 years of age. If you are under age 13, you may not, under any circumstances or for any reason, use the Services. Children between the ages of 13 and 18 may use these Services only with the permission and active involvement of a parent or legal guardian.

We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these TOS are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these TOS or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.

Content

  1. Definition
    For purposes of these TOS, the term “Content” includes, without limitation, information, text, photographs, data, audio clips, videos, GIFs, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, “Content” also includes all User Content (as defined below).
  2. User Content
    All Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.
  3. Availability of Content
    We do not guarantee that any Content will be made available through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these TOS), or for no reason at all and (ii) to remove or block any Content from the Services. Due to the fact that this is a service for use on mobile devices and computers, service might be interrupted and may not work correctly. We are not liable for service interruption.

Notices, Restrictions & Trademarks
The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.

Account Creation and Obligation
In utilizing Waitbusters, the User will be required to create an account. In creating an account, User must provide true, accurate, and current information about themselves and their business; maintain the confidentiality of said account; and accept responsibility for all activities that occur under your account or password. Waitbusters will not be responsible for any losses arising out of the unauthorized use of the Users’s username, password, and/or account and the User agrees to indemnify and hold harmless Waitbusters, its officers, directors, employees, parents, subsidiaries, agents, affiliates and business partners and/or licensors, as applicable, for any improper, unauthorized, or illegal uses of the same.

You can only have one Waitbusters Dining account at any time. We do not allow Users to have multiple accounts for the same individual. Attempting to and/or establishing multiple accounts for the same user (even if such accounts are registered with different profiles, emails, phone numbers, payment methods, and etc.) violates this Agreement. We reserve the right to take corrective action at our sole discretion (including but not limited to suspending or terminating Service and/or deleting accounts) in the event you attempt to and/or establish multiple accounts with us.

Grant of License and Rules of Conduct

  1. Ownership
    Waitbusters grants you a limited license to access and make personal use of the Service. Waitbusters retains ownership of all right, title and interest to the Product, the Product design and Documentation, and the intellectual property rights therein and thereto (including without limitation, all patent rights, design rights, copyrights and trade secret rights) subject to the Software license granted in this Section. User agrees not to:
    1. Modify, copy or distribute the materials found on Waitbusters Digital Dining Solutions;
    2. Use the Waitbusters Digital Dining Solutions materials for any commercial purpose, or for any public display (commercial or non-commercial) or us them in any manner with may cause Waitbusters Digital Dining Solutions to become disreputable;
    3. Attempt to decompile or reverse engineer any software, updates, hardware or other materials or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services contained on Waitbusters Digital Dining Solutions screens and chats;
    4. Use or interfere with Waitbusters Digital Dining Solutions in any way that could disable, damage or impair our systems or security or interfere with other restaurants;
    5. Remove any copyright or other proprietary notations from the materials;
    6. Transfer the materials to another person or “mirror” the materials on any other server (i.e. scan, index or copy or otherwise exploit Waitbusters Digital Dining Solutions.
    7. Disclose any part of the software or materials to any third party, including but not limited to any trade or consumer press, news agency or any competitor of Waitbusters, such that significant and irreparable harm will come to Waitbusters. Accordingly, restaurant agrees that Waitbusters shall be entitled to injunctive relief as well as all other legal remedies that may be available in the event you breach this agreement.
  2. Software License Grant
    Waitbusters hereby grants to User and User accepts a personal, non-transferable, non-exclusive license to use the Software. The license is granted in accordance with the subscription period.

Use of the Service and Conduct
User will have the opportunity to utilize Waitbusters in the following ways:

  1. Make reservations with various Restaurants;
  2. View menus;
  3. Interact with restaurant via sms;
  4. View coupons;
  5. Share their reservations on Facebook;
  6. Post reviews and comments about Waitbusters and/or Restaurants;

By using Waitbusters for the above-purposes, User hereby agrees to conduct its communication in an appropriate manner. Waitbusters reserves the right to utilize, edit or remove any written communications or submissions that it deems inappropriate. The following list contains prohibited types of conduct and contact by the User. You as the User are prohibited from the following, included but not limited to posting or transmitting via email or SMS:

  1. Illegal acts or criminal offenses;
  2. Malicious and deceptive practices;
  3. Hate speech;
  4. Harassment, bullying or threatening behaviors;
  5. Personal or confidential information;
  6. Spam;
  7. Sexually explicit material;
  8. Violent depictions;
  9. Profanity or masked profanity;
  10. 3rd party promotion, spam or any form of solicitation that is not for the Restaurant’s business;
  11. Anything else that is fraudulent or misleading;

User Privacy
In utilizing Waitbusters, Users permit their information, including name, facebook profile and phone number to be collected. The privacy of your personally identifiable information will be used in a secure manner only. Please see our Privacy Policy for further details on how your information is used.

Termination
We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. All provisions of these TOS which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Warranty Disclaimer
The services provided by Waitbusters’ are intended only to assist you in your efforts to make dining reservations, get in line, jump the line or receive promotions. We have no special relationship with or fiduciary duty to you. You acknowledge that We have no duty to take any action regarding:

  1. Which users gain access to the Services;
  2. What Content you access via the Services; or
  3. How you may interpret or use the Content.
You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services. WE WILL TRY TO KEEP WAITBUSTERS UP AND RUNNING AND BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. THE SERVICES AND CONTENT ON WAITBUSTERS ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.

Indemnification
You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or otherwise from your User Content, violation of these TOS, or infringement by you, or any third party using your identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

Limited Liability and Waiver of Consequential Damage
YOU AGREE THAT NOTWITHSTANDING ANYTHING DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DIRECT OR GENERAL DAMAGES), WAITBUSTERS SHALL ACCEPT NO LIABILITY. IN NO EVENT SHALL WAITBUSTERS OR ITS SUPPLIERS BE LIABLE FOR ANY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOST DATA, OR ANY OTHER INDIRECT DAMAGES EVEN IF WAITBUSTERS HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.

  1. For any issue with dining arising out of your connection with your access to, use of or inability to use Waitbusters, specifically but not limited to:
    1. Internet connectivity;
    2. Cancelled reservations from Restaurant or inadvertently cancelled reservations due to internet or server failure;
    3. Incorrect menus;
    4. Incorrect specials or pricing from restaurant;
    5. Incorrect wait times;
    6. Incorrect directions, phone numbers or address listed by Restaurant;
    7. Any harm or misunderstanding by the User due to the software including but not limited to the “jump the line” feature or misunderstanding of the product;
  2. Injury, illness or harm caused by Restaurant, including but not limited to owners; or Restaurant patrons;
  3. For any viruses, bugs, Trojan horses or the like (regardless of where they originated from) or software failure;
  4. For any cost of procurement of substitute goods or services, or
  5. special, indirect, incidental, punitive, compensatory or consequential damages of any kind whatsoever, substitute goods or services (however arising);
  6. For any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
  7. User hereby releases Waitbusters from all liability based upon User’s interactions with Restaurant. Restaurant is solely responsible for any of User’s claims, injuries, illnesses, damages, liabilities and costs suffered by User as a result of User’s interaction with or visit to Restaurant.

Governing Law and Jurisdiction
These TOS shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, including its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of these TOS shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of Mecklenburg County, Virginia.

Third Party Services
The Services may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources.

Waitbusters may permit Third Parties, such as restaurants, to publish content on the Service or include Third-Party content via Application Programming Interfaces (APIs) including but not limited to graphics, text or copy, reviews, and pricing and promotional information. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such promotion, offer, content, goods or services available on or through any such website or resource. Waitbusters’ further assumes no liability whatsoever for third-party representations as to price, quality, value, or availability.

Miscellaneous
We reserve the right, in our sole discretion, to modify or replace any of these TOS or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the bot or by sending you notice through the Services, via e-mail or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While we will timely provide notice of modifications, it is also your responsibility to check these TOS periodically for changes. Your continued use of the Services following notification of any changes to these TOS constitutes acceptance of those changes.

  1. Entire Agreement and Severability
    These TOS are the entire agreement between you and us with respect to the Services and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these TOS is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these TOS will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
  2. Force Majeure
    We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
  3. Agency
    No agency, partnership, joint venture, or employment relationship is created as a result of these TOS and neither party has any authority of any kind to bind the other in any respect.
  4. Notices
    Unless otherwise specified in these TOS, all notices under these TOS will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e- mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to info@waitbustersdining.com.
  5. No Waiver
    Our failure to enforce any part of these TOS shall not constitute a waiver of our right to later enforce that or any other part of these TOS. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these TOS to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
  6. Contact Information
    If you have any questions about these TOS, please contact Waitbusters Dining at info@waitbustersdining.com