Terms of Use

(Last Updated February 1, 2018)

Please review the following terms and conditions concerning your use of this site. By accessing, using or downloading content from this Website you agree to follow and be bound by these terms and conditions. ActiveWaiter reserves the right to change these terms and conditions from time to time at its sole discretion. Therefore, you should periodically visit this page to review the then current terms and conditions to which you are bound. In the case of any violation of the terms and conditions set forth herein, ActiveWaiter reserves the right to seek all remedies available by law and in equity for such violations. These terms and conditions apply to all visits to the ActiveWaiter Website, both now and in the future.

General Use

Except as expressly provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any content from this Website in whole or in part without the prior written permission of XPario. You may not “mirror” any content contained on this Website on any other server without ActiveWaiter’s prior express written permission. Any unauthorized use of any content contained on this Web site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Any rights not expressly granted herein are reserved by ActiveWaiter .

Copyright

Entire contents Copyright© 2018 XPario, LLC dba ActiveWaiter (referred to herein collective XPario or ActiveWaiter). All rights reserved. All text, electronic documents, graphics, audio, video and other content published on this site is protected by United States and international copyright laws. Distribution or publication of any of this site’s content in any form without prior written permission of ActiveWaiter is expressly forbidden.

Trademarks

ActiveWaiter and all other product names, service names, slogans, and related logos are registered trademarks or trademarks of XPario, llc in the United States and other countries. You are not permitted to use these trademarks, or any other XPario trademarks, without the prior written consent of XPario. All other trademarks, product names, trade names, and logos used within these pages are the property of their respective holders. Use of other company trademarks, trade names, product names and logos or images of the same does not necessarily constitute: (1) an endorsement by such company of XPario and its products, and (2) an endorsement of the company or its products by XPario.

Links to Third Party Sites

This Website may contain hyperlinks to Websites that are not controlled by ActiveWaiter . ActiveWaiter is not responsible for and does not endorse or accept any responsibility over the contents or use of these Websites, including, without limitation, the accuracy or reliability of any information, data, opinions, advice or statements made on these Websites.

Submissions

All comments, feedback, information or materials submitted to ActiveWaiter through or because of this Website (“Submissions”) shall be considered non-confidential and ActiveWaiter’s property. By providing such Submissions to ActiveWaiter, you agree to assign to ActiveWaiter, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. ActiveWaiter shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide, and that you have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.

No Unlawful or Prohibited Use

As a condition of your use of this Website, you agree that you will not use this Website, or the content or software contained herein for any purpose that is unlawful or prohibited by these terms and conditions.

Disclaimer

While every effort is made to ensure the accuracy of content offered on these pages, ActiveWaiter shall have no liability for errors, omissions or inadequacies in the content contained herein or for interpretations thereof. This Website could include inaccuracies or outdated content and is subject to change at any time without notice. Your use of this Website is at your own risk. You agree to hold ActiveWaiter harmless from and not sue ActiveWaiter for any claims based upon using this Website. THE CONTENT, DOCUMENTATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THE XPARIO WEB SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND. ACTIVEWAITER AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES RELATING TO THE CONTENT, DOCUMENTATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THE XPario WEB SITE, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES AGAINST INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS. XPARIO AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF XPario OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Governing Law

This Website is controlled and operated by ActiveWaiter from its corporate headquarters in Bradenton, Florida. Any claim or dispute relating to your use or attempted use of this Website shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to its conflict of laws provisions. By using this Website, you submit to the exclusive personal jurisdiction of the appropriate state or federal courts in Manatee County, Florida in any proceeding relating to any such claim or dispute.

Personal Information and Privacy

To learn about how ActiveWaiter protects your privacy, please refer to our Privacy Policy. Please note that any non-personal information or material sent to ActiveWaiter will generally be deemed to be non-confidential.

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