The Q Waitlist Guest App enables consumers to check table availability for restaurants that use the Q Host Restaurant App. Both the consumer guest app, and the restaurant host app, work together to communicate availability at the restaurant, and enable consumers to get on an arrival list, or waitlist, remotely from their phones. The purpose of the Q Waitlist Guest App, is to save consumers time and avoid waiting for tables to become available while standing / waiting at the restaurant.
2. Ownership. Q Waitlist Guest App is owned and operated by Q Technologies Incorporated. All right, title and interest in and to all consumer and restaurant waitlist activity, other services provided on Q Waitlist Guest App and any software related to Q Waitlist Guest App, including but not limited to any intellectual property, content, processes, functions, information, documents, logos, videos, graphics, sounds and images (the "Services") are owned or licensed either by us or by our respective third party providers, developers or vendors. The Services are protected under applicable international copyright, patent, trademark and other intellectual property laws. You acknowledge and agree that the Services contain proprietary and confidential information that is the property of Q Technologies Incorporated and its licensors and is protected by applicable intellectual property and other laws. No rights or title to any proprietary information used in connection with Services is provided, transferred or assigned to you. You further acknowledge and agree that any party that provides intellectual property to Q Technologies Incorporated retain all rights with respect to any of their respective intellectual property appearing in Q Waitlist Guest App, and no rights in such materials are transferred or assigned to you. Except as expressly authorized by Q Technologies Incorporated, you agree not to modify, copy, reproduce, republish, upload, display, post, transmit, distribute, or create derivative works based in any way on Services from Q Waitlist Guest App, including code and software, and nothing on Q Waitlist Guest App shall be construed to confer any license under any of Q Waitlist Guest App’s intellectual property rights, whether by estoppel, implication or otherwise. Q Technologies Incorporated does not sell, license, lease or otherwise provide any of the Services. Any rights not expressly granted herein are reserved by Q Technologies Incorporated.
3. Limited Permission. Subject to this Terms of Service, Q Technolgies Incorporated hereby grants you a non-exclusive, non-transferable, revocable license to personally use Q Waitlist Guest App, in object code form only, on your compatible mobile devices, solely to support your permitted use of the Services as described in this Terms of Service. Q Technologies Incorporated may suspend or terminate your ability to use all or any element of the Services effective immediately, without notice or explanation. Without limiting the generality of the forgoing, this permission terminates automatically without notice if you breach any of the terms or conditions of these Terms of Service. On any such termination, you agree to immediately destroy any Services you have in your possession. Any unauthorized use of any Services contained on Q Waitlist Guest App may violate copyright laws, trademark laws, laws of privacy and publicity, communications regulations and statutes as well as other rights, laws, rules, regulations and statutes.
4. Reviews, Comments, Communications, and Other User Content. Q Technologies Incorporated respects the intellectual property of others, and we ask our users to do the same. Q Technologies Incorporated may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe any of your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide us with a notice containing all of the following information:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on Q Waitlist Guest App;
(d) Your address, telephone number, and e-mail address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for notice of claims of copyright infringement on Q Waitlist Guest App can be reached as follows:
Name: Q Technologies Incorporated
By E-mail: firstname.lastname@example.org We require all of the information above in order to take action.
5. No Warranty. Q TECHNOLOGIES INCORPORATED AND ALL SERVICES PROVIDED ON OR THROUGH YOUR USE OF Q WAITLIST GUEST APP ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, Q HOST EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Q HOST MAKES NO WARRANTY THAT (1) THE SERVICES WILL MEET YOUR REQUIREMENTS, (2) THE SERVICES, AND ANY INFORMATION OR SERVICE PROVIDED BY Q WAITLIST GUEST APP, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE RESULTS OF USING THE SERVICES, AND ANY INFORMATION OR SERVICE PROVIDED BY Q WAITLIST GUEST APP, WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH YOUR USE OF Q WAITLIST GUEST APP WILL MEET YOUR EXPECTATIONS OR ARE SUITABLE FOR YOUR USE OR CIRCUMSTANCES, OR (5) THAT ANY ERRORS IN ANY SOFTWARE UTILIZED BY Q WAITLIST GUEST APP WILL BE CORRECTED. USER ACKNOWLEDGES THAT Q TECHNOLOGIES INCORPORATED MAY MAKE CHANGES OR IMPROVEMENTS TO THE SERVICES AT ANY TIME. USING SERVICES THROUGH Q WAITLIST GUEST APP IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. Q TECHNOLOGIES AND Q WAITLIST GUEST APP SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR PHONE DEVICE, COMPUTER SYSTEM, OR LOSS OF DATA THAT RESULTS FROM THE USE OF Q WAITLIST GUEST APP.
6. Limitation of Liability. IN NO EVENT, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL Q TECHNOLOGIES INCORPORATED, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, OR LICENSEES BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE Q WAITLIST GUEST APP OR SERVICES AVAILABLE FROM Q TECHNOLOGIES INCORPORATED, EVEN IF Q TECHNOLOGIES INCORPORATED HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR ARISING FROM YOUR VISIT TO ANY RESTAURANT OR THE PERFORMANCE, NON-PERFORMANCE, CONDUCT, OR POLICIES OF ANY RESTAURANT OR THIRD PARTY IN CONNECTION WITH THE SERVICES. Q TECHNOLOGIES INCORPORATED IS NEITHER AN AGENT OF NOR OTHERWISE ASSOCIATED WITH ANY RESTAURANT. IF YOUR USE OF Q WAITLIST GUEST APP RESULTS IN ANY DAMAGES OR THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH INSTANCE THE MAXIMUM LIABILITY OF Q TECHNOLOGIES INCORPORATED TO YOU IS THE LOWEST AMOUNT ALLOWABLE UNDER STATE LAWS. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF Q TECHNOLOGIES INCORPORATED AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO Q TECHNOLOGIES INCORPORATED FOR THE USE OF Q WAITLIST GUEST APP OR ANY SERVICES IT PROVIDES.
7. Indemnification. You agree to defend, indemnify and hold harmless Q Technologies Incorporated, our officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of Q Waitlist Guest App and the Services, including without limitation, your interactions with consumers, other restaurants, and Third Party Websites.
8. Compliance with Intellectual Property Laws. When accessing Q Waitlist Guest App, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of Q Waitlist Guest App is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party's copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using Q Waitlist Guest App. If you believe that any content on Q Waitlist Guest App is infringing on your copyright, you may seek the removal of such content by providing notice to us in accordance with the Notice and Take Down provisions of the DMCA as described above.
10. Text messaging and notifications. By use of the Q Waitlist Guest App, you agree or opt-in to receive text/SMS messages associated with the Q services. MESSAGE AND DATA RATES MAY APPLY and you are responsible for all fees associated with send or receiving messages related to your use of the Q Waitlist Guest App. You can cancel the SMS service at any time. Just text "STOP" to XXXXX. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. a. If at any time you forget what keywords are supported, just text "HELP" to XXXXX After you send the SMS message "HELP" to us, we will respond with instructions on how to use our service as well as how to unsubscribe. Q Waitlist Guest App follows best practices in message deliver and services, however it cannot guarantee delivery of text/SMS messages. The following is a list of Participating carriers used by Q Waitlist Guest App: AT&T, Boost Mobile, T-Mobile, Metro PCS, Verizon Wireless, Sprint, U.S. Cellular, Nextel & Virgin Mobile. Message Frequency: Text/SMS messages and/or notifications will be received as associated with being on an active waitlist. You will receive messages confirming you are on the list at the restaurant, messages of any changes in wait time, messages if you have missed your check-in time, and messages if you have been removed from the wait list. After your initial use of the Q Waitlist Guest App, from time to time, you may also receive text/SMS messages or notifications related to discounts, coupons, or restaurants in your area. You may also receive text messages from others in your party confirming they are joining the waitlist with you. During the time your party is on an active waitlist, you should expect to receive one to three text/SMS messages related to your current progress on the waitlist. Q Technologies values your contact information and will ONLY send you messages relevant to your use of the Q Waitlist Guest App.
11. Inappropriate Content. When using Q Waitlist Guest App, you agree not to upload, download, display, perform, transmit or otherwise distribute any content that: (a) is libelous, defamatory, obscene, pornographic, abusive or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. The Company reserves the right to terminate or delete such material from its servers. Q Technologies Incorporated will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Service or of any applicable laws.
12. Children. Minors are not eligible to use Q Waitlist Guest App and we ask that they do not submit any information to us. Q Waitlist Guest App is not intended for any children under the age of 13. We do not knowingly collect any information from anyone who is under 13 years of age. If we become aware that any individual under the age of 13 has provided us with information, we will take steps to remove such information and terminate the child’s account. If you are informed that your child has provided us with information without your consent, please contact us at email@example.com.
13. Governing Law; Venue. By using Q Waitlist Guest App, you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with the laws of the State of Washington, excluding its choice of law rules. Any legal action or proceeding relating to your access to or use of Q Waitlist Guest App shall be instituted in a state or federal court located in Seattle, Washington. You and Q Technologies Incorporated agree exclusively and irrevocably to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
14. Copyright. All Q Waitlist Guest App design, text, graphics, the selection and arrangement thereof, Copyright © 2015, Q Technologies Incorporated ALL RIGHTS RESERVED.
15. Trademarks. All images, text, logos, custom graphics and icons are service marks, trademarks and/or trade dress of Q Waitlist Guest App.
16. Acknowledgement. BY USING Q WAITLIST GUEST APP YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
17. Contact. If you have any questions about these Terms of Service or your dealings with Q Waitlist Guest App, you can contact us at firstname.lastname@example.org.