TERMS OF SERVICE
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This website is
operated by WaitTag. Throughout the site, the terms “we”, “us” and “our” refer to WaitTag. WaitTag offers this website,
including all information, tools and services
available from this site to you, the user, conditioned upon your acceptance of
all terms, conditions, policies and notices stated here.
By visiting our
site and/ or purchasing something from us, you engage in our “Service” and
agree to be bound by the following terms and conditions (“Terms of Service”,
“Terms”), including those additional terms and conditions and policies
referenced herein and/or available by hyperlink. These Terms of Service apply to
all users of the site, including without limitation users who are browsers, vendors,
customers, merchants, and/ or contributors of content.
Please read these
Terms of Service carefully before accessing or using our website. By accessing
or using any part of the site, you agree to be bound by these Terms of Service.
If you do not agree to all the terms and conditions of this agreement, then you
may not access the website or use any services. If these Terms of Service are
considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features
or tools which are added to the current store shall also be subject to the
Terms of Service. You can review the most current version of the Terms of
Service at any time on this page. We reserve the right to update, change or
replace any part of these Terms of Service by posting updates and/or changes to
our website. It is your responsibility to check this page periodically for
changes. Your continued use of or access to the website following the posting
of any changes constitutes acceptance of those changes.
Our store is
hosted on WaitTag. They provide us with the online e-commerce platform that
allows us to sell our products and services to you.
By agreeing to
these Terms of Service, you represent that you are at least the age of majority
in your state or province of residence, or that you are the age of majority in
your state or province of residence and you have given us your consent to allow
any of your minor dependents to use this site.
You may not use
our products for any illegal or unauthorized purpose nor may you, in the use of
the Service, violate any laws in your jurisdiction (including but not limited
to copyright laws).
You must not
transmit any worms or viruses or any code of a destructive nature.
A breach or
violation of any of the Terms will result in an immediate termination of your
Services.
We reserve the
right to refuse service to anyone for any reason at any time.
You understand
that your content (not including credit card information), may be transferred
unencrypted and involve (a) transmissions over various networks; and (b)
changes to conform and adapt to technical requirements of connecting networks
or devices. Credit card information is always encrypted during transfer over
networks.
You agree not to
reproduce, duplicate, copy, sell, resell or exploit any portion of the Service,
use of the Service, or access to the Service or any contact on the website
through which the service is provided, without express written permission by
us.
The headings used
in this agreement are included for convenience only and will not limit or
otherwise affect these Terms.
We are not
responsible if information made available on this site is not accurate, complete or current. The material on this site is provided
for general information only and should not be relied upon or used as the sole
basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance
on the material on this site is at your own risk.
This site may
contain certain historical information. Historical information, necessarily, is
not current and is provided for your reference only. We reserve the right to
modify the contents of this site at any time, but we have no obligation to
update any information on our site. You agree that it is your responsibility to
monitor changes to our site.
Prices for our
products are subject to change without notice.
We reserve the
right at any time to modify or discontinue the Service (or any part or content
thereof) without notice at any time.
We shall not be
liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Certain products
or services may be available exclusively online through the website. These products
or services may have limited quantities and are subject to return or exchange
only according to our Return Policy.
We have made
every effort to display as accurately as possible the colors and images of our
products that appear at the store. We cannot guarantee that your computer
monitor's display of any color will be accurate.
We reserve the
right, but are not obligated, to limit the sales of our products or Services to
any person, geographic region or jurisdiction. We may
exercise this right on a case-by-case basis. We reserve the right to limit the
quantities of any products or services that we offer. All descriptions of
products or product pricing are subject to change at anytime without notice, at
the sole discretion of us. We reserve the right to discontinue any product at
any time. Any offer for any product or service made on this site is void where
prohibited.
We do not warrant
that the quality of any products, services, information, or other material
purchased or obtained by you will meet your expectations, or that any errors in
the Service will be corrected.
We reserve the
right to refuse any order you place with us. We may, in our sole discretion,
limit or cancel quantities purchased per person, per household or per order.
These restrictions may include orders placed by or under the same customer
account, the same credit card, and/or orders that use the same billing and/or
shipping address. In the event that we make a change
to or cancel an order, we may attempt to notify you by contacting the e-mail
and/or billing address/phone number provided at the time the order was made. We
reserve the right to limit or prohibit orders that, in our sole judgment,
appear to be placed by dealers, resellers or distributors.
You agree to
provide current, complete and accurate purchase and
account information for all purchases made at our store. You agree to promptly
update your account and other information, including your email address and
credit card numbers and expiration dates, so that we can complete your
transactions and contact you as needed.
For more detail,
please review our Returns Policy.
We may provide
you with access to third-party tools over which we neither monitor nor have any
control nor input.
You acknowledge
and agree that we provide access to such tools ”as is”
and “as available” without any warranties, representations or conditions of any
kind and without any endorsement. We shall have no liability whatsoever arising
from or relating to your use of optional third-party tools.
Any use by you of
optional tools offered through the site is entirely at your own risk and
discretion and you should ensure that you are familiar with and approve of the
terms on which tools are provided by the relevant third-party provider(s).
We may also, in
the future, offer new services and/or features through the website (including,
the release of new tools and resources). Such new features and/or services
shall also be subject to these Terms of Service.
Certain content,
products and services available via our Service may include materials from third-parties.
Third-party links
on this site may direct you to third-party websites that are not affiliated
with us. We are not responsible for examining or evaluating the content or
accuracy and we do not warrant and will not have any liability or
responsibility for any third-party materials or websites, or for any other
materials, products, or services of third-parties.
We are not liable
for any harm or damages related to the purchase or use of goods, services,
resources, content, or any other transactions made in connection with any
third-party websites. Please review carefully the third-party's policies and
practices and make sure you understand them before you engage in any
transaction. Complaints, claims, concerns, or questions regarding third-party
products should be directed to the third-party.
If, at our
request, you send certain specific submissions (for example contest entries) or
without a request from us you send creative ideas, suggestions, proposals,
plans, or other materials, whether online, by email, by postal mail, or
otherwise (collectively, 'comments'), you agree that we may, at any time,
without restriction, edit, copy, publish, distribute, translate and otherwise
use in any medium any comments that you forward to us. We are and shall be
under no obligation (1) to maintain any comments in confidence; (2) to pay
compensation for any comments; or (3) to respond to any comments.
We may, but have
no obligation to, monitor, edit or remove content that we determine in our sole
discretion are unlawful, offensive, threatening, libelous, defamatory,
pornographic, obscene or otherwise objectionable or violates any party’s
intellectual property or these Terms of Service.
You agree that
your comments will not violate any right of any third-party, including
copyright, trademark, privacy, personality or other personal or proprietary
right. You further agree that your comments will not contain libelous or
otherwise unlawful, abusive or obscene material, or
contain any computer virus or other malware that could in any way affect the
operation of the Service or any related website. You may not use a false e-mail
address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely
responsible for any comments you make and their accuracy. We take no
responsibility and assume no liability for any comments posted by you or any
third-party.
Your submission
of personal information through the store is governed by our Privacy Policy.
Occasionally
there may be information on our site or in the Service that contains
typographical errors, inaccuracies or omissions that may relate to product descriptions,
pricing, promotions, offers, product shipping charges, transit times and
availability. We reserve the right to correct any errors, inaccuracies or
omissions, and to change or update information or cancel orders if any
information in the Service or on any related website is inaccurate at any time
without prior notice (including after you have submitted your order).
We undertake no
obligation to update, amend or clarify information in the Service or on any
related website, including without limitation, pricing information, except as
required by law. No specified update or refresh date applied in the Service or
on any related website, should be taken to indicate that all information in the
Service or on any related website has been modified or updated.
In addition to
other prohibitions as set forth in the Terms of Service, you are prohibited
from using the site or its content: (a) for any unlawful purpose; (b) to
solicit others to perform or participate in any unlawful acts; (c) to violate
any international, federal, provincial or state regulations, rules, laws, or
local ordinances; (d) to infringe upon or violate our intellectual property
rights or the intellectual property rights of others; (e) to harass, abuse,
insult, harm, defame, slander, disparage, intimidate, or discriminate based on
gender, sexual orientation, religion, ethnicity, race, age, national origin, or
disability; (f) to submit false or misleading information; (g) to upload or
transmit viruses or any other type of malicious code that will or may be used
in any way that will affect the functionality or operation of the Service or of
any related website, other websites, or the Internet; (h) to collect or track
the personal information of others; (i) to spam,
phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral
purpose; or (k) to interfere with or circumvent the security features of the
Service or any related website, other websites, or the Internet. We reserve the
right to terminate your use of the Service or any related website for violating
any of the prohibited uses.
We do not
guarantee, represent or warrant that your use of our
service will be uninterrupted, timely, secure or error-free.
We do not warrant
that the results that may be obtained from the use of the service will be
accurate or reliable.
You agree that
from time to time we may remove the service for indefinite periods of time or cancel
the service at any time, without notice to you.
You expressly
agree that your use of, or inability to use, the service is at your sole risk.
The service and all products and services delivered to you through the service
are (except as expressly stated by us) provided 'as is' and 'as available' for
your use, without any representation, warranties or conditions of any kind,
either express or implied, including all implied warranties or conditions of
merchantability, merchantable quality, fitness for a particular purpose,
durability, title, and non-infringement.
In no case shall
WaitTag, our directors, officers, employees, affiliates, agents,
contractors, interns, suppliers, service providers or licensors be liable for
any injury, loss, claim, or any direct, indirect, incidental, punitive,
special, or consequential damages of any kind, including, without limitation
lost profits, lost revenue, lost savings, loss of data, replacement costs, or
any similar damages, whether based in contract, tort (including negligence),
strict liability or otherwise, arising from your use of any of the service or
any products procured using the service, or for any other claim related in any
way to your use of the service or any product, including, but not limited to,
any errors or omissions in any content, or any loss or damage of any kind
incurred as a result of the use of the service or any content (or product)
posted, transmitted, or otherwise made available via the service, even if
advised of their possibility. 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, our liability shall be limited to the
maximum extent permitted by law.
You agree to
indemnify, defend and hold harmless WaitTag and our parent, subsidiaries,
affiliates, partners, officers, directors, agents, contractors, licensors,
service providers, subcontractors, suppliers, interns and employees, harmless
from any claim or demand, including reasonable attorneys’ fees, made by any
third-party due to or arising out of your breach of these Terms of Service or
the documents they incorporate by reference, or your violation of any law or
the rights of a third-party.
In the event that
any provision of these Terms of Service is determined to be unlawful, void or
unenforceable, such provision shall nonetheless be enforceable to the fullest
extent permitted by applicable law, and the unenforceable portion shall be
deemed to be severed from these Terms of Service, such determination shall not
affect the validity and enforceability of any other remaining provisions.
The obligations
and liabilities of the parties incurred prior to the termination date shall
survive the termination of this agreement for all purposes.
These Terms of
Service are effective unless and until terminated by either you or us. You may
terminate these Terms of Service at any time by notifying us that you no longer
wish to use our Services, or when you cease using our site.
If in our sole
judgment you fail, or we suspect that you have failed, to comply with any term
or provision of these Terms of Service, we also may terminate this agreement at
any time without notice and you will remain liable for all amounts due up to
and including the date of termination; and/or accordingly may deny you access
to our Services (or any part thereof).
The failure of us
to exercise or enforce any right or provision of these Terms of Service shall
not constitute a waiver of such right or provision.
These Terms of
Service and any policies or operating rules posted by us on this site or in
respect to The Service constitutes the entire agreement and understanding
between you and us and govern your use of the Service, superseding any prior or
contemporaneous agreements, communications and proposals, whether oral or
written, between you and us (including, but not limited to, any prior versions
of the Terms of Service).
Any ambiguities
in the interpretation of these Terms of Service shall not be construed against
the drafting party.
These Terms of
Service and any separate agreements whereby we provide you Services shall be
governed by and construed in accordance with the laws of Canada.
You can review
the most current version of the Terms of Service at any time at this page.
We reserve the
right, at our sole discretion, to update, change or replace any part of these
Terms of Service by posting updates and changes to our website. It is your
responsibility to check our website periodically for changes. Your continued
use of or access to our website or the Service following the posting of any
changes to these Terms of Service constitutes acceptance of those changes.
Questions about
the Terms of Service should be sent to us at info@wavesoft.com.