Terms of Use

Waitrainer Use Agreement

This Waitrainer™ use agreement (‘Agreement’) provides important information about your Waitrainer™ subscription and use, so you should take the time to read and understand it. You can review, save and print any part of the Agreement. We encourage you to print out a copy of this document and refer to it as you use Waitrainer™.
IF YOU DECIDE TO ACCEPT THE AGREEMENT, YOU MUST DO SO AS IT IS PRESENTED TO YOU HERE — NO CHANGES OF ANY KIND WILL BE ACCEPTED BY THE COMPANY.
  • As used in the Agreement, the ‘Company’ means Restaurant Tech, Inc., an Oregon corporation.
  • ‘Waitrainer™’ means the all of the services and features provided by the Company, including the Waitrainer™ website, storage for your content and viewing, text, communications, documents, and all other information and materials you enter or generate through your Subscription, and any other services provided by the Company.
  • ‘Subscriber’ means you and ‘Account’ means your account with the Company for Waitrainer™.
  • ‘Subscription Agreement’ means your written agreement with the Company governing your use of Waitrainer™.
  • ‘Content’ and ‘information’ mean the all data, records, setup content, and all other information, regardless of its source, related to your use of Waitrainer™ under your Subscription Agreement.
  • The Agreement is for your use of Waitrainer™ only.
  • The Company may change, add, or remove any part of the Agreement, or any part of Waitrainer™, including the services provided and pricing to its Subscribers, at any time. If any changes are made, the Company will post them on the Waitrainer™ site.
IF ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU SHOULD STOP USING WAITRAINER™. YOUR CONTINUED USE OF WAITRAINER™ NOW, OR FOLLOWING THE POSTING OF NOTICE OF THESE CHANGES, WILL INDICATE YOUR ACCEPTANCE OF THE AGREEMENT, AND OF EACH OF THE CHANGES.

• ABOUT WAITRAINER™

  • From time to time the Company may impose reasonable rules and regulations regarding the use of Waitrainer™.
  • Note that availability and performance of Waitrainer™ will vary depending on your location, line quality, Internet service provider, wiring, Internet traffic, and other factors beyond the control of the Company. The Company only provides Waitrainer™ and cannot and does not guarantee performance speeds, connection issues, or other attributes not directly provided by the Company in connection with these services.
  • Your subscription will determine your use of Waitrainer™ and the additional services and products, if any, provided to you. You can find more information at www.waitrainer.com or by calling the phone number listed on the website.

• USING WAITRAINER™

  • To use Waitrainer™ you will need to have Internet access. Information about the service and its requirements can be found on the Waitrainer™ site.
  • The Company will make its best effort to provide Waitrainer™ to you. If the Company determines that it cannot provide Waitrainer™ to you, your Subscription Agreement will be cancelled effective on the date such determination has been made, and the Company will refund any money that you have paid in advance (including the setup cost if this work has not been started by the Company). The Company shall have no responsibility whatsoever for any claim arising out of its failure, refusal or inability to provide Waitrainer™ to you.
  • The Company charges you, the Subscriber, a fee for the use of Waitrainer™, based on your Subscription Agreement. As a Subscriber, you are agreeing that you will pay all charges, including any applicable taxes, for Waitrainer™ at the prices and in the manner found in your Subscription Agreement, and that your use will be on the terms found in that document, on the Waitrainer™ site, and in the Agreement.
  • The Company will store your Content on its server(s), for a period of time not less than that required by the regulations for the state you are doing business in.
  • If, for any reason, the Company removes your content from its server(s) and the Company is still required to store them, the Company will notify you and it will keep copies of that information in a manner it deems appropriate. In such case, it will either deliver a copy to you or make it available to you for copying.
  • IN NO CASE WILL THE COMPANY HAVE ANY LIABILITY OF ANY KIND TO YOU, OR TO ANYONE ELSE, IF ALL, OR ANY PART, OF YOUR CONTENT/DATA/INFORMATION/RECORDS IS LOST, DAMAGE, DELETED, OR DESTROYED.
  • By accepting the terms and conditions of the Agreement, you become a Subscriber. As a Subscriber, the Company provides you with a limited, non-exclusive license for no longer than the term of your Account to use the Subscriber-name and password provided to you for your Account. Your Subscriber-name, when confirmed by the Company, is your online identity. Do not reveal your password to anyone else. Your Account is at risk if you let someone use it inappropriately.
  • You must notify the Company immediately on discovering any unauthorized use of your Account.
  • The Company has the right to change prices and to introduce new charges for Waitrainer™ at any time. Price changes and the introduction of new charges during the term of your Subscription Agreement will apply only to its renewal/extension, and to all new Waitrainer™ users, after the effective date of the change.
  • Technical support for Waitrainer™ is limited to Waitrainer™-provided services and software. Technical support will be provided to you by telephone or e-mail on an ‘as available’/‘best effort’ basis with no representation or guarantee from the Company of response time or the correction of your problem. Further information about our support policy can be found on the Waitrainer™ website.
  • Waitrainer™ makes it possible for other users and non-Subscribers approved by you to access your information. This use is acceptable. However, Waitrainer™ has no responsibility in any way for what these approved users do with this information.

• ABOUT YOUR ACCOUNT

  • The Company charges you, as the Subscriber, in the manner and the amount described in your Subscription Agreement. Specific information about this cost can be found in your Subscription Agreement.
  • Payment for all additional charges, if any, will be due as specified in your Subscription Agreement or as arranged with the Company.
  • Except as provided below, any set-up fees and fees you paid for Transaction Units are non-refundable for any reason, whether you use Waitrainer™ or not.
  • Your right to use Waitrainer™ is subject to any limits established by the Company.
  • The Company may offer, from time-to-time, certain promotions with different terms, fees, and other charges. Any such changes will not increase the amount you pay under your Subscription Agreement unless you and the Company agree otherwise.
  • In addition to the basic information you provide when you subscribe, the Company may maintain records relating to your use of Waitrainer™. These records may include, but are not limited to: (i) the original creation date of a service, renewal, or request for service; (ii) IP addresses from which transaction-related information is sent; (iii) communications (whether in electronic or paper form) between you and the Company; (iv) records of your Account, including dates and amounts of payments; and, (v) user names and data on Waitrainer™ servers.
  • The Company may make available information you provide or that it otherwise maintains in order to cooperate with law enforcement authorities, including complying with warrants, court orders and subpoenas. In addition, the Company reserves the right to comply with any civil court orders and/or subpoenas. By your acceptance of the Agreement and your use of Waitrainer™, you authorize the Company to take any such actions.
  • The Company is not responsible for charges incurred by you from your Internet service provider as a result of using Waitrainer™. Determining whether or not there are any such charges is your responsibility.
  • The Company reserves the right to disable your access to Waitrainer™ (1) on expiration of your Account – if you do not renew, (2) on cancellation of your Account, (3) if your credit card is declined or if any payment made by another method is not actually received by the Company in lawful funds of the United States, and (4) if you fail to make any payment to the Company when due.

• ENDING YOUR ACCOUNT

  • You can, of course, stop using Waitrainer™ at any time. However, there will be no refunds for any setup costs, subscription fees up to the time you notify the Company that you will no longer be using Waitrainer™, or any termination costs allowed by the Agreement or your Subscription Agreement.
  • If you want to end your use of Waitrainer™, you should contact the Company 30 days in advance.
  • Part of Waitrainer's™ service is to provide setup and configuration services for your Restaurant. We begin setup only after we have received your setup fee. Once received we begin work immediately in most cases. Once we have begun that work (usually within three days) your setup fee is non-refundable. We understand that the restaurant business is a busy one and that getting your training materials together can be a challenge. We will work with you through this process. However once we send your username and password a refund will no longer be possible.
  • If the Company, in its sole discretion, believes you have breached the Agreement or your Subscription Agreement, or if you fail to pay any charges when due, it may terminate the Agreement, your password, your Account, and/or your use of Waitrainer™. A termination notice will be sent to you by email or U.S. Mail to the address you provided to the Company. If the Agreement is terminated, the provisions regarding software licensing and ownership, copyright/intellectual property infringement, and confidentiality shall survive such termination.
  • Use of Waitrainer™ by all users approved by you may, in the Company’s sole discretion, be terminated when you notify the Company that you will no longer be using Waitrainer™, or when your Subscription Agreement has expired and you have not renewed your Subscription Agreement.
  • When you end your Account, the Company will continue to store your Files as required by the Agreement. At that time, your right to use Waitrainer™ will be limited to reviewing and copying your files.

• AVAILABILITY OF THE SERVICE

  • While the Company makes reasonable efforts to ensure that Waitrainer™ is available at all times, the Company does not guarantee, represent or warrant that Waitrainer™ services will be uninterrupted or error-free, and the Company does not guarantee that users will be able to access or use all Waitrainer™’s features at all times. The Company may change, suspend or discontinue any (or all) aspects of Waitrainer™ at any time, including the availability of any Waitrainer™ feature. The Company may also impose limits on the use of or access to certain features or portions of Waitrainer™, or restrict your access to any part or all of Waitrainer™, in all cases without notice or liability.
  • You must read and accept any separate software or other license agreement or terms of use for particular products, services or features of Waitrainer™, if you elect to use those products, services or features.
  • The Company also does not guarantee or warrant that any records, information related to your subscription, data or other content you may have in your account at Waitrainer™ will not be subject to inadvertent damage, corruption or destruction. Except as specifically provided for in the Agreement, the Company will not be responsible for any archiving or backup of any such information. If any of your records, information related to your subscription, data or other content in your account and stored on the Waitrainer™ system is damaged, lost or corrupted in any way, the Company will have no obligation or liability to you except as provided in the Agreement.

• USE POLICY GUIDELINES

  • Waitrainer™ users can share their information and benefit from the use of Waitrainer™. However, it is important to remember that you must abide the terms of the Agreement when you use Waitrainer™, whether you are using Waitrainer™ as a paying Subscriber or an approved user.
  • As a Waitrainer™ user (whether a Subscriber or an approved user), you agree to comply with the Agreement, and you acknowledge that the Company has the right to enforce the Agreement in its sole discretion. This means that if you or anyone using your Waitrainer™ Account violates the terms of the Agreement, the Company may take any and all appropriate actions. This can range from a simple warning about a violation, the termination of your access privileges for Waitrainer™, and even legal action – as the Company deems necessary or appropriate.
  • The Company is not required to provide notice before terminating your Waitrainer™ access for breaching the terms of the Agreement or your Subscription Agreement, but it may choose to do so. You are solely responsible for your manner of use, that of those who you approve to access Waitrainer™, and your records, data, and all other content, information or other interactions generated, transmitted or maintained on or through Waitrainer™. The Company will not be responsible or liable in any way for any such use.
  • The Company cannot and will not review information, data or other content which are entered through your Account (although the Company reserves the right to monitor Subscriber’s use of Waitrainer™), and the Company will not be responsible for anything in any of those records, data, or other content.
  • The Company reserves the right to delete, move or edit any content and/or any related information that the Company, in its sole discretion, deems in violation of copyright or trademark laws, or otherwise illegal, including any material the Company believes may subject the Company to any liability or which may cause the Company to lose the services of any supplier, including but not limited to any Internet Service Providers (ISPs) which may provide services to Waitrainer™ users.
  • The use of Waitrainer™ must conform to the requirements of the law. By your use of Waitrainer™, you agree to do so when you using Waitrainer™. This includes (but is not limited to) following the rules of any ISP, the Agreement and all applicable laws. The Company reserves the right to terminate your access to Waitrainer™ at any time, with cause or without cause, in the event of any breach of the Agreement by you (or anyone using your account), your infringement of the Company's or Waitrainer™'s or others' intellectual property, or any other circumstances which, in the Company's sole discretion, merit termination. Any such termination may, if the Company elects (and subject to applicable law), be without any refund to you of any fees or amounts you may have paid.

• About Copyright/Intellectual Property Infringement

  • Waitrainer™, and all of its related software, are owned by the Company and by others, and are protected by copyrights, trademarks, rights of publicity, and other intellectual property rights. Any component of Waitrainer™ made available to you containing third-party software that has been licensed to the Company by its developers may be used by you for your own personal use, subject to any rights retained by the developers. You must not copy, transmit, modify, distribute, show in public or in private, or create any derivative works from any of this software you find through Waitrainer™ unless you have the legal right to do so.
  • Making unauthorized copies of any component of Waitrainer™ can lead to the termination of your Waitrainer™ access (without any refund of any money paid) and may even subject you to legal action. In addition, the owner of this component may take criminal or civil action against you. If this owner takes legal action against the Company because of your unauthorized use of component, you agree (to the extent permitted by applicable law) to hold harmless and indemnify the Company, its subsidiaries, affiliates, related companies, employees, members, agents and suppliers against any liability, claims, or demands, including the costs of the Company hiring attorneys to defend against the action.
  • By entering the information on Waitrainer™, you are representing that you are have authorization to do so.
  • If you believe that any of your content has been used improperly you should contact the Company immediately and provide it with the relevant information to investigate your claim.

• Violations of System and Network Security

  • Violations of system and network security are absolutely prohibited and may result in criminal and/or civil liability. The Company will investigate incidents involving such violations and may involve and will report any suspected criminal activity to and cooperate with law enforcement.

• CONFIDENTIALITY, MONITORING AND INVESTIGATIONS

  • You understand and acknowledge that through your use of Waitrainer™, you may have access to certain information and materials relating to the Company’s business, its customers, software technology and marketing information that the Company considers confidential. You shall not disclose or reveal to any person or entity, any of this information without the express prior written consent of a duly authorized representative of the Company. Also, you shall not use or disclose any of this confidential information for any purpose, at any time, other than for the limited purpose of performance under the Agreement. These obligations shall continue indefinitely for so long as this confidential information is a trade secret under applicable law and shall continue for three years following termination of the Agreement with respect to any confidential information, which does not rise to the level of a trade secret.
  • THE COMPANY HAS NO OBLIGATION TO MONITOR WAITRAINER™. HOWEVER, THE COMPANY DOES RESERVE THE RIGHT (SUBJECT TO APPLICABLE LOCAL LAW), IN ITS SOLE DISCRETION, TO MONITOR ALL WAITRAINER™ FEATURES AND CONTENT, INCLUDING BUT NOT LIMITED TO YOUR CONTENT, FOR THE PURPOSE OF INVESTIGATING VIOLATIONS OF THE AGREEMENT.
  • When the Company becomes aware of possible violations of the Agreement or your Subscription Agreement, the Company may initiate an investigation, which may include gathering information from any Waitrainer™ user or Subscription involved, any third party and any complaining party. During the investigation, the Company may suspend or terminate a Subscriber’s Waitrainer™ access and/or remove content involved (i.e., your data and related information) from Waitrainer™’s server(s). If the Company believes, in its sole discretion, that a violation of the Agreement and/or your Subscription Agreement has occurred, it may take responsive action, including, but not limited to, the permanent removal of your content from Waitrainer™ server(s), and the suspension or termination of your access to Waitrainer™. If, as a result of any such investigation, the Company believes that any criminal activity has occurred, the Company reserves the right to refer the matter to, and to cooperate with, any and all appropriate law enforcement authorities.
  • BY BECOMING A WAITRAINER™ USER, YOU AGREE (TO THE EXTENT PERMITTED BY APPLICABLE LAW) TO WAIVE ANY CLAIMS YOU MAY HAVE AGAINST THE COMPANY, AND TO INDEMNIFY AND HOLD THE COMPANY HARMLESS WITH RESPECT TO ANY CLAIMS, RELATING TO ANY ACTION TAKEN BY THE COMPANY AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THE AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF The Agreement HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE THE COMPANY OR RECOVER ANY DAMAGES WHATSOEVER FROM THE COMPANY AS A RESULT OF ITS DECISION TO REMOVE YOUR FILES FROM THE WAITRAINER™ SYSTEM, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR WAITRAINER™ ACCESS, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED BREACH OR AS A RESULT OF THE COMPANY’S CONCLUSION THAT A BREACH OF THE AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL BREACHES OF THE AGREEMENT.

• LICENSES AND OWNERSHIP

  • The Company grants to you a non-exclusive, non-transferable limited license to use Waitrainer™. This license is subject to the restriction that, except where expressly permitted by law, you may not translate, reverse-engineer or reverse-compile or decompile, disassemble or make derivative works from Waitrainer™, or use it in any manner whatsoever inconsistent with either the Agreement or your Subscription Agreement.
  • You may not modify Waitrainer™ or use it in any way not expressly authorized by the Agreement. You understand that the Company's introduction of various technologies may not be consistent across all platforms and that the performance and some Waitrainer™ features may vary depending on your equipment.
  • Waitrainer™ is confidential and proprietary information of the Company and its licensors and contains trade secrets and intellectual property protected under United States copyright laws, other laws, and international treaty provisions. All right, title, and interest in and to Waitrainer™, including associated intellectual property rights, are and shall remain with the Company and its licensors.
  • If the Company performs any customizations or modifications to Waitrainer™, all rights and interests to such customizations or modifications shall be the sole property of the Company.
  • The Company owns all database, compilation, collective and similar rights, title and interests worldwide in Waitrainer™ and all related software, data and other proprietary information databases, and all information and derivative works generated from those databases.
  • The Company does not claim any rights in customer-generated content.

• REMOVED CONTENT

  • If, for any reason, the Company removes your content from its server(s) and the Company is required to store it, the Company will keep a copy of your content in a manner it deems appropriate. In such case, it will either deliver a copy to you make it available to you for copying. In any such case, the Company will notify you via e-mail or US Mail at the address in your Subscription Agreement of the actions it has taken.

• DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY

  • YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, WAITRAINER™ IS AT YOUR SOLE RISK. WAITRAINER™ IS PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
  • THE COMPANY DOES NOT GUARANTEE THAT ANY CONTENT, INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE THROUGH WAITRAINER™ WILL BE FREE OF VIRUSES, ‘WORMS’, ‘TROJAN HORSES’, OR OTHER HARMFUL COMPONENTS. THE COMPANY’S ENTIRE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICES PROVIDED BY WAITRAINER SHALL BE CANCELLATION OF YOUR ACCOUNT.
  • IN NO CASE SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, EMPLOYEES, AFFILIATES, AGENTS OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF WAITRAINER™ OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR WAITRAINER™ USE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE COMPANY’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
  • EXCEPT AS EXPRESSLY SET FORTH IN ANY SEPARATE SOFTWARE LICENSE OR IN THE AGREEMENT, THE COMPANY DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED THROUGH WAITRAINER™ AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTIES THROUGH WAITRAINER™. YOU HEREBY RELEASE THE COMPANY FROM ANY AND ALL OBLIGATIONS, LIABILITY AND CLAIMS IN EXCESS OF THESE LIABILITY LIMITATIONS.

• NOTICES

  • The Company may give notice to any Waitrainer™ user by sending an e-mail message to you or by sending a letter via postal mail to the contact address listed in the your Subscription Agreement.
  • Waitrainer™ users may contact the Company by calling the phone number listed on the website, or by e-mail.

• LEGAL PRINCIPLES

  • The Agreement and your Subscription Agreement represent your entire agreement with the Company with respect to Waitrainer™. You agree that the Agreement is not intended to give and does not give any rights or remedies to any person other than you, as a Waitrainer™ user, and the Company. If any part of the Agreement is found to be invalid or unenforceable, that portion shall be construed to reflect, as nearly as possible, the original intentions of the parties, and the rest of the Agreement will remain in full force and effect.
  • Your conduct and use of Waitrainer™ is subject to all local, state, United States, and international laws.
  • You understand and specifically agree that exclusive jurisdiction for any claim or dispute with the Company regarding Waitrainer™ or relating in any way to your account or your use of Waitraine™r will be in the courts of the State of Oregon, and that it will be governed by Oregon law. Venue for any such action shall be in Multnomah County, unless otherwise agreed by the parties. You also agree and expressly consent to the exercise of personal jurisdiction in the Oregon courts in connection with any such dispute, including any claim involving the Company or its employees, contractors, officers, directors, telecommunication providers and content providers with respect to Waitrainer™.
  • Any disagreement arising out of the Agreement shall be submitted to binding arbitration. Any arbitration shall comply with and be governed by the provisions of the Oregon Uniform Arbitration Act. The parties shall have the right to discovery in accordance with §36.675 of the Act, and, in all other respects, the arbitration shall be conducted in accordance with it. The prevailing party shall be entitled to recover from the other party all costs and expenses of any action, including reasonable attorney’s fees.
  • The failure of the Company to require or enforce your performance of any part of the Agreement will not affect its right to require such performance at a later time, nor shall it be construed as a waiver of the Company’s right to enforce the provision itself.
  • You may not assign your rights or delegate any of your responsibilities under the Agreement without the prior written consent of the Company, and any attempted assignment or delegation without such consent shall be void and of no force or effect.
  • You agree to indemnify and hold the Company, its officers, directors, shareholders, members and employees harmless against all third party claims, demands, suits, actions, judgments, losses, costs, damages (direct, indirect and consequential), attorney’s fees and expenses that the Company may incur as a result of your breach, or that of anyone you allow to use your account, of any term or condition of the Agreement.
  • Nothing in the Agreement shall be construed or interpreted to create an agency, partnership, or any other form of joint enterprise between you and the Company.