Terms of Service

NEVERWAIT TERMS OF USE AND SERVICE CONDITIONS

(Updated as August 20, 2018)

 

THE FOLLOWING AGREEMENT BETWEEN YOU AND NEVERWAIT COVERS THE TERMS OF USE AND SERVICE CONDITIONS FOR THE NEVERWAIT SOFTWARE, AND COMPUTER MOBILE APPLICATION (“APP” OR “APPS”) AND PROGRAMS HOSTED BY OR ON BEHALF OF NEVERWAIT AND RELATED CONTENT OR SERVICES (COLLECTIVELY KNOWN AS THE “SERVICE”).  IN ORDER TO DEFINE THE RELATIONSHIP BETWEEN YOU AND NEVERWAIT AND ITS SERVICES, IT IS IMPORTANT FOR YOU TO READ AND UNDERSTAND THE FOLLOWING TERMS.  BY ENTERING INTO THIS AGREEMENT, YOU AGREE TO COMPLY WITH THE APPLICABLE TERMS AND CONDITIONS OF YOUR MOBILE PROVIDER, THE GOOGLE PLAY STORE AND THE APPLE APP STORE.  BY CLICKING “AGREE” YOU ELECTRONICALLY CONSENT THAT THESE TERMS APPLY TO YOU WHEN ACCESSING OR USING THE SERVICES.  

 

MDMM, LLC, or its assigns, owns all the intellectual property rights and title to NeverWait. THESE TERMS OF SERVICE (THE "TERMS") ARE A LEGAL AGREEMENT BETWEEN YOU AND NEVERWAIT AND GOVERN YOUR USE OF THE SERVICE. The terms "you" and "user" shall refer to all individuals and entities that access the Service. If you are using the Service for iOS, the additional terms set forth below in Section 3 below titled, "iOS Devices and Specific Terms" apply to your use of that app. If you do not wish to be bound by those additional terms, do not use the Service for iOS.

 

These Terms include a release by you of, and limitations on, claims for certain damages against us that may arise out of your use of the Service. By using the Service, you are agreeing to the release and limitations. By your affirmative actions of registering for and/or using the Service, you are agreeing to these Terms.

 

1. NECESSARY EQUIPMENT

Use of the Service may require a compatible mobile device and Internet access. Your ability to use the Service may be affected by performance of these items. You acknowledge and agree that all such system requirements, which may be changed from time to time, are your responsibility, and your mobile carrier's standard charges, data rates and other fees may apply. Further, you agree to always use the most recent version of the Service made available by NeverWait.

 

2. LICENSE TO USE THE SERVICE; OWNERSHIP

We hereby grant to you a non-exclusive, non-transferable, revocable license to use an object code copy of the App for one registered account on mobile device(s) owned or leased solely by you. You may not: (i) modify, disassemble, decompile or reverse engineer the App, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the App to any third-party or use the App to provide time sharing or similar services for any third-party; (iii) make any copies of the App; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the App, features that prevent or restrict use or copying of any content accessible through the App, or features that enforce limitations on use of the App; or (v) delete the copyright and other proprietary rights notices on the App. You acknowledge that we may from time to time issue upgraded versions of the App and may automatically electronically upgrade the version of the App that you are using on your mobile device. You consent to such automatic upgrading on your mobile device and agree that these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the App or any copy thereof, and NeverWait and its third-party licensors or suppliers retain all right, title, and interest in and to the App (and any copy of the App). Standard carrier data charges may apply to your use of the App.

 

3. iOS DEVICES AND SPECIFIC TERMS

The following additional terms and conditions apply with respect to any App that NeverWait provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):

You acknowledge that these Terms are between you and NeverWait only, and not with Apple, Inc. (“Apple”).

Your use of NeverWait’s iOS App must comply with Apple’s then-current App Store Terms of Service.

NeverWait, and not Apple, are solely responsible for our iOS App and the Services and Content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.

You agree that NeverWait, and not Apple, are responsible for addressing any claims by you or any third-party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to us as provider of the iOS App.

You agree that NeverWait, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.

You agree to comply with all applicable third-party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).

 

The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as they relate to your license of NeverWait’s iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the iOS App as a third-party beneficiary thereof.

 

4. ANDROID DEVICES AND SPECIFIC TERMS

The following additional terms and conditions apply with respect to any App that we provide to you designed for use on an Android-powered mobile device (an “Android App”):

You acknowledge that these Terms are between you and NeverWait only, and not with Google, Inc. (“Google”).

Your use of NeverWait’s Android App must comply with Google’s then-current Android Market Terms of Service.

Google is only a provider of the Android Market where you obtained the Android App. NeverWait, and not Google, are solely responsible for NeverWait’s Android App and the Services and Content available thereon. Google has no obligation or liability to you with respect to NeverWait’s Android App or these Terms.

You acknowledge and agree that Google is a third-party beneficiary to the Terms as they relate to NeverWait’s Android App.

 

 

5. SERVICE USE REQUIREMENTS.

 

Age Restrictions.  The Services provided by NeverWait are only available to individuals 21 years or older.  

 

B. Use Limitations.  You agree to use the Services for purposes only permitted by this Agreement, and to the extent permitted only by applicable law or regulation.

 

C. User Accounts and Devices.  NeverWait reserves the right to limit the number of accounts created from a particular device and the numbers of devices associated with a user account.

 

D. Service Availability.  NeverWait’s services and its related features may not be available in all languages and/or all countries.  Given this possibility, NeverWait makes no representation that its services and related features are appropriate or available for use in any specific location.  In your election to use and access the services, you do so upon your own initiative and compliance with local laws.

 

E. Changes to Services.  NeverWait reserves the right to change, modify, or adjust the terms of this Agreement in its sole discretion and at any time.  NeverWait will make best efforts to communicate such changes, modifications, and/or adjustments to the Agreement terms to you.  Continued use of the services after changes, modifications, and/or adjustments to this Agreement constitutes your consent to the revised terms.  If you do not agree to NeverWait’s changes, modifications, and/or adjustments to the terms of this Agreement then you can promptly terminate the services.

 

 

6. SERVICE FEATURES

 

A. Location Based Information.  In order to offer best-in-class services, NeverWait and its partners and/or licensors may provide features or services that rely upon location-based data for your devices.  These provided features or services require NeverWait and its partners and/or licensors to collect, use, transmit, maintain and process your location data.  In order to successfully collect, use, transmit, maintain and process your location data it is your responsibility to allow your mobile hardware device settings to allow us access to your location.  NeverWait is not responsible for errors in the sharing of location-based information due to improper application installation, defective device(s), user error in setting location permission, and/or network failures.

 

You may elect to withdraw consent from NeverWait and its partners and/or licensors from the collection, use, transmission, maintenance and processing of your location data by changing the geo-location settings on your particular device.  In the event you would like to remove all collection information, you may do so by uninstalling our services application by initiating the uninstall processes specific to your device.

 

NeverWait Purpose and Customer Payment.  NeverWait was created with the purpose of providing premiere mobile alcohol ordering services to its customers via designated vendor locations and/or venues.  

 

Alcoholic Beverage Ordering.  Specifically, our service allows you to order your alcoholic beverages at our participating vendors upon which you can make payment for your order and receive a push notification when your beverages are ready for pick up by you.  NeverWait does not confirm the contents or accuracy of the order but merely relays that information to the vendors.  NeverWait does not make, manufacture, inspect, or verify the quality of the order components.  NeverWait merely transmits your order to our participating vendors, allows you to make payment, and then alerts you when you can pick up your order at the vendor designated area.  

Alcohol Beverage Ordering Regulations and Requirements.  In placing an alcoholic beverage order with our Service, you declare that you are 21 years of age or the legally required age as required in a vendor specific jurisdiction and expressly consent to having a NeverWait vendor validate your government issued ID.  Additionally, you understand and consent to our vendor’s right to reject an alcohol delivery to you in the event a NeverWait vendor determines that you are visibly intoxicated, cannot produce a valid government issued ID, your name does not match your ID, or you intend to distribute said alcohol beverage to a minor.  In the event a vendor refuses to serve you, your order will not be refunded and you will be charged a non-refundable charge of $20 for the alcohol restocking fee.

 

In the event you order alcoholic beverages through one of our designated vendors, you agree to abide by the vendor’s designated rules with respect to alcohol regulations and requirements.  You expressly agree and consent to abide by these alcohol related rules and each NeverWait vendor’s location based regulatory and enforcement rules.  All communications within the NeverWait application are subject to the Terms of Use herein.  You expressly agree to be bound by these terms.

3. User Payment Authorization.  NeverWait uses Stripe Payments, LLC ("Stripe") as its third-party electronic payment processing provider for payment services (e.g. card acceptance, merchant settlement, and related services) ("Payment Services") for payments related to the Service, e.g. Customer User and Vendor User specific products and services. By making use of some or all of these Payment Services on the Service, you agree to be bound by Stripe's and/or Square’s terms and conditions (available at https://stripe.com/us/terms/) as well as its privacy policy (available at https://stripe.com/us/privacy/ and hereby consent and authorize us to delegate the authorizations and share the information you provide to us with our third party electronic payment processing provider(s) to the extent required to provide the Payment Services to you. Stripe may also be contacted directly for payments support at https://support.stripe.com/email.

 

BACKUP.  As part of its current backup protocol, NeverWait creates regular backups for user data and content.  However, even with reasonable skill and careful backup measures NEVERWAIT DOES NOT GUARANTEE OR WARRANT THAT ANY CONTENT YOU MAY STORE, ACCESS, OR DISSEMINATE THROUGH OUR SERVICES WILL NOT BE SUBJECT TO DAMAGE, CORRUPTION, LOSS, OR REMOVAL IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT.  AS SUCH, NEVERWAIT WILL NOT BE RESPONSIBLE FOR INSTANCES OF DAMAGE, LOSS, CORRUPTION OR REMOVAL OF YOUR CONTENT.  You acknowledge and agree that you are responsible to maintain proper backup measures for your content and related data.  

 

7. NEVERWAIT USE OF SERVICES

 

A. Account Registration.  In order to enjoy the NeverWait service and specifically our services, you must become a registered user by establishing a valid Account.  In order to create a valid account to use with our service, you will need to provide us with: 1) your name; 2) email address; 3) date of birth; and 4) zip code. You agree and acknowledge that you will take precautionary measures to secure your Account and its confidentiality.  In the event your confidentiality measures are breached or compromised, you agree to notify NeverWait immediately.  Although NeverWait will exercise reasonable care with respect to our security protocols, NeverWait is not personally responsible for losses that may arise from the unauthorized use of your Account.  

 

In order to access and use our services, you must enter your username and password to authenticate the Account.  You agree to refrain from using a username that is the name of another person other than you or selecting a username that is not lawfully available to use or violates any trademark or copyright.  Usernames that are vulgar, obscene, or offensive will violate the terms of this Agreement and result in Account termination.

Although we take reasonable measures to protect our Account holders, you expressly agree that you and you alone are responsible for any activity in your Account whether or not authorized by you, including purchases made using any payment instrument (for example, credit or debit card, or third parties like Apple or Google)

1. Third Party Integration.  The Service contains features that enable various Third-party Services (such as social media services like Facebook, etc.) to be directly integrated into your NeverWait account. To take advantage of these features, you will be required to register for or log into such Third-party Services on their respective websites. As a requirement to use our services, you specifically consent to all of the terms and conditions as required by Facebook at https://www.facebook.com/about/privacy  including setting your Facebook profile to settings required by us.  These setting requirements may change from time-to-time and Neverwait will post notifications of these changes.  By enabling third party services within the Service, you are allowing NeverWait to pass your log-in information to these Third-party Services for this purpose.

a. Limitation of Liability.  Users acknowledge and agree to be bound by the terms and conditions as required by Facebook.  As such, if these terms and conditions change in any way that negatively affects our ability to deliver the Services; you agree to hold us harmless from any resulting liability including the restrictions as defined in Section 13 below.

2. Privacy Policy. Please review NeverWait’s Privacy Policy (the “Privacy Policy”) located at [URL] which explains how we use information that you submit to NeverWait.

 

B. No Survivorship Rights.  Unless required by law, you agree and acknowledge that your NeverWait Account is non-transferable and any rights to your NeverWait Account or Content therein terminate upon your death.  In the event of your death, a valid copy of a death certificate may permit the proper party to terminate your Account and related Content on your behalf.  Contact NeverWait Support at support@NeverWait.com for additional assistance.  

 

C. No Resale of NeverWait Services.  You agree and acknowledge that the NeverWait Services are proprietary and subject to intellectual property protection.  Given this understanding, you agree to refrain from copying, reproducing, selling, reselling, duplicating, trading, or renting the Services (or any part or component thereof) for any purpose whatsoever.  

 

8. USER CONTENT AND CONDUCT.  

 

A. Content.  For purposes of this Agreement, “Content” shall mean any information that may be encountered and/or generated via the use of our Service.  This includes but is not limited to photographs, written text, graphics, data files, messages, device characteristics, and your name.  Given this definition and provided examples, you agree and acknowledge that you are solely responsible for the Content originated by you whether it is privately transmitted or publicly posted via our Service.  You acknowledge and agree that by using our Service you may encounter Content that you may deem to be inappropriate, offensive, indecent, or objectionable.  This also includes any content such as Reviews that might be integrated by the Service’s use of Third Party social media platforms.  By the same token, you agree that the Content you may generate or disseminate may be objectionable to others.  Due to this phenomenon, NeverWait does not control said Content no matter how it is generated or disseminated.  As such, you agree that your use of our services is at your own election and resident risk.

Recognizing the global nature of the Internet, you will comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States of America or the country in which you reside. You will abide by Federal Communications Commission (FCC), Mobile Marketing Association (MMA), and CTIA Wireless Association policy and laws around text messaging and spam which shall be enforced.

B. User Conduct.  By agreeing to the terms of this Agreement, you expressly refrain from NOT using our Services in the manner described below to:

 

1) engage in any act that would result in copyright infringement or other intellectual property infringement (including but not limited to trade secret, trade dress, or other confidentiality agreements);

 

2) misrepresent your identity (including misappropriation of another’s image(s), celebrity, charitable or employment group, etc.).  NeverWait reserves the right to immediately block any attempt to register a user Account that is a misrepresentation of identity;

 

3) generate or make available Content that is unlawful, harmful, defamatory, tortious, abusive, invasive of one’s privacy, obscene, vulgar, and/or objectionable as determined by NeverWait (including using the means described to stalk, harass, or intimidate another);

 

4) request as an adult user the personal information from a minor (anyone under the age of 18 or as properly defined by local law) who is not known to you.  Examples of personal information include but are not limited to minor’s home address, full name, postal code or similar identifier, phone number, photographs, school, social affiliations, etc.;

 

5) upload onto the Service and transmit via any means material(s) that contain harmful viruses or programs intended to interfere or disrupt the normal function of the Services or any computer hardware or software;

 

6) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, scrape, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;

 

7) engage or plan any illegal activity and/or store and collect personal information of users of the services for any prohibited activities as described in this Agreement;

 

C. Content Removal.  NeverWait does not claim any responsibility for the Content that others may provide nor is NeverWait bound to pre-screen all Content submitted via the Service.  However, NeverWait reserves the right in its sole discretion to monitor, screen, move, delete, modify and/or remove Content it determines to be in violation of this Agreement.

 

D. Content Backup.  Although NeverWait makes reasonable efforts to provide proper care and skill in delivering its services, NeverWait does not guarantee, warrant, or covenant that any Content you access and/or store via the services will not be accidentally lost, corrupted, or damaged.  Given this reality, you agree and acknowledge that it is your sole responsibility to back up any important Content on your device(s) and/or computer(s).

 

E. Access to User Account and Content.  NeverWait intends to enforce this Agreement to the full extent provided by law.  As part of that process, NeverWait reserves the right to verify and enforce compliance with this Agreement by you.  You expressly agree and consent to these efforts by acknowledging that NeverWait has the right without limitation to use, access, store and/or disclose your Account information and related Content to proper law enforcement authorities, government entities and/or officials, and/or proper third parties that NeverWait believes is necessary in order to: 1) comply with a valid legal process or request; 2) prevent, detect, or identify fraud or technical issues; 3) enforce the terms of this Agreement including any necessary investigation thereof; and 4) protect the rights of NeverWait, its users, a third party(ies), or the public as permitted by law.  

 

F. Digital Millennial Copyright Act.  NeverWait makes every reasonable effort to ensure that its users and their content conform to proper Copyright standards.  If you believe that any Content that you claim Copyright to has been infringed upon by anyone using our Services, please contact our Copyright Agent at contact@NeverWait.com.

 

G. Agreement Violations.  In order to provide a harmonious environment for our users, NeverWait makes best efforts to remove inappropriate or objectionable Content that violates this Agreement.  If you encounter inappropriate or objectionable Content while using our services, please report it to us at contact@NeverWait.com.

 

User Submitted Content via NeverWait Services

 

1. License from User to NeverWait.  NeverWait does not claim ownership of the Content and/or materials you upload, submit, or disseminate via our service.  However, NeverWait does claim ownership of material that we may specifically license to you under the terms of this Agreement.  In instances whereby you upload, submit, or disseminate your Content via our services and make the Content publicly accessible or accessible to users with whom you consent to share your Content, you expressly grant NeverWait a royalty-free, non-exclusive, worldwide license to distribute, use, reproduce, adapt, modify, translate, publish, publicly display and perform such Content.  This license grant from you to NeverWait is solely for the purpose by which the Content was submitted or made available without any compensation to you whatsoever.  

 

You acknowledge and agree that any Content in its entirety uploaded, submitted, or posted by you shall be your responsibility.  Specifically, this means that you represent that you are the legal owner of this Content and have all relevant and necessary rights, licenses, and authorization to distribute it.  Furthermore, you warrant and represent that said Content does not infringe upon the rights of other parties nor is the Content in violation of local law or authority.

 

2. Consent to Send Messages to You.  As part of our Services offered to you, you expressly agree and consent to the receipt of text and/or email messages regarding promotional, marketing, and/or advertising related materials.  We send these messages in order to inform you of specific promotional, marketing, and/or advertising information that may enhance your experience.

 

3. Content Changes.  The NeverWait services require the ability to transmit your Content across various forms of networks and media.  In order to accomplish this capability, NeverWait may need to change or modify your Content to ensure compliance with technical specifications and requirements of various networks, computers, or devices.  You agree and consent to NeverWait making these necessary Content changes.

 

4. Trademark(s).  NeverWait and its related trademark(s), designs, logos, service marks, etc. are trademarks or registered trademarks of MDMM, LLC, or its assigns, in the US and abroad where applicable.  NeverWait does not grant you any right or license in its trademarks and you agree to not obscure, remove, or alter the NeverWait marks contained in any portion of the services.  

 

9. SOFTWARE SERVICES

 

A. NeverWait’s Proprietary Rights.  As a condition to using NeverWait’s service and as indicated in Section 2 above

, you acknowledge and agree that NeverWait and/or its licensors own all legal right, title, and interest to the Service.  By way of example, these rights include but are not limited to the following: NeverWait graphics, user interface, scripts and software used to implement the service, and any software that NeverWait may provide you with in connection to the service.  The described rights also include any and all intellectual property rights that reside therein, whether registered or not, and wherever in the world they may exist.  You further agree that you will not use and/or reproduce any of this proprietary information in any way whatsoever except as defined by this Agreement.  

 

B. License from NeverWait.  THE USE OF THE SOFTWARE AND/OR ANY PART OF THE SERVICES IS STRICTLY PROHIBITED AND INFRINGES UPON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES.  THE ONLY PERMITTED USE OF THE SOFTWARE AND/OR ANY PART OF THE SERVICES IS OUTLINED ONLY IN THIS AGREEMENT.

 

C. Export Control(s).  The use of the services may be subject to import and export laws of the United States and other countries.  You agree and acknowledge that you will comply with all import and export laws and regulation.  Specifically, you warrant and represent that the services and/or related software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the US Treasury Department’s List or Entity List.  As a registered user of the services, you warrant and represent that you are not located in any such country or on any such list.  This assurance and communication shall survive termination of this Agreement.

 

D. Update(s).  In order to ensure a proper user experience of the services, NeverWait may make regular software updates from time to time.  The updates may include new software versions, bug fixes, and feature enhancements or improvements.

 

10. TERMINATION

 

A. User Termination.  You may delete your user account and stop using the NeverWait services at any time. To terminate your account contact contact@NeverWait.com.

 

NeverWait Termination.  NeverWait may terminate or suspend all or a portion of your account and/or access to the service at any time and/or for any reason.  Examples of typical reasons for termination include but are not limited to the following: (a) violations of this Agreement; (b) a request by you to terminate or cancel your service account; (c) a request and/or order from law enforcement or government entity; (d) unexpected technical or security issues or problems; and (e) your participation in illegal or fraudulent activities.  Any account termination or suspension by NeverWait shall be made in its sole discretion and NeverWait will not be responsible to you and/or any third parties for alleged resulting damages whatsoever.  

 

C. Termination Effects.  Termination of your services account may result in the loss to all access to the service and any account portions thereof including Content.  After a period of time, as determined by NeverWait, all data and information stored via your account shall be deleted.  

 

11. LINKS AND THIRD-PARTY MATERIALS.  As part of our services and its resident features and functions, you may encounter materials from third parties and/or hyperlinks to other Content, resources, or web sites.  Because we have no control over third parties and their related materials, you acknowledge and agree that NeverWait shall not be responsible or liable for any alleged damages you may have incurred either directly or indirectly.

 

12. PAYMENT TERMS

 

A. General Provisions.  In order to enjoy our service, you agree to make payment with appropriate currency upon order receipt.  In return, you shall receive a limited license to use our services subject to these Terms of Service.  These payment provisions are subject to change in the sole discretion of NeverWait.

 

B. Refund Policy.  All orders placed are final once transmitted via the services.  If any discrepancy results between your order and the order received, we shall reschedule a timely reorder or cancel the order entirely.

 

C. BILLING SUPPORT:

 

For billing support, you can email our billing support team at contact@NeverWait.com 

 

13. DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION

 

TO THE EXTENT PERMITTED BY LAW AND ALLOWED BY INDIVIDUAL JURISDICTIONS, NEVERWAIT MAKES THE FOLLOWING EXCLUSIONS THAT MAY OR NOT APPLY TO YOU.

 

NEVERWAIT DOES NOT REPRESENT, GUARANTEE, OR WARRANT THAT USE OF THE SERVICES WILL BE ERROR-FREE OR INTERRUPTED, YOU AGREE AND ACKNOWLEDGE THAT NEVERWAIT MAY REMOVE THE SERVICES FOR UNDEFINED PERIOD OF TIMES OR CANCEL THE SERVICES ACCORDING TO THE TERMS IN THIS AGREEMENT.

 

THE SERVICES PROVIDED BY NEVERWAIT ARE OFFERED ON AN “AS IS” AND ON AN “AS AVAILABLE” BASIS.  YOU AGREE AND ACKNOWLEDGE THIS FACT.  IN TURN, NEVERWAIT AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNER, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  

 

NEVERWAIT DOES NOT GUARANTEE OR WARRANT THAT THE SERVICES WILL BE FREE FROM CORRUPTION, LOSS, VIRUSES, ATTACK, HACKING, INTERFERENCE, OR OTHER SECURITY INTRUSIONS.  NEVERWAIT DISCLAIMS ANY RELATED LIABILITY.

 

YOU AGREE AND ACKNOWLEDGE THAT YOUR DOWNLOADING OF ANY MATERIAL OBTAINED THROUGH THE SERVICES IS DONE AT YOUR OWN RISK.  ANY RESULTING OR ALLEGED DAMAGES TO YOUR COMPUTER, DEVICE, OR DATA LOSS THAT RESULSTS FROM SAID DOWNLOADING SHALL BE YOUR SOLE RESPONSIBILITY.

 

LIMITATION OF LIABILITY

 

TO THE EXTENT PERMITTED BY LAW AND ALLOWED BY INDIVIDUAL JURISDICTIONS, NEVERWAIT MAKES THE FOLLOWING EXCLUSIONS THAT MAY OR NOT APPLY TO YOU.

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEVERWAIT AND ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, INDEPENDENT CONTRACTORS INCLUDING NEVERWAIT RUNNERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF NEVERWAIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICE (II) ANY CHANGES MADE TO THE SERVICE OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SERVICE OR ANY PART THEREOF; (III) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICE; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; AND (VI) ANY OTHER MATTER RELATING TO THE SERVICE.

 

14. INDEMNIFICATION

 

As a requirement to use our services, you expressly agree to defend, indemnify, and hold NeverWait and its subsidiaries, affiliates, directors, officers, employees, agents, and licensors, harmless from any claim or demand thereof, including reasonable attorney’s fees, made by a third party, relating to or arising from: (a) any violation by you of this Agreement; (b) any Content in its entirety that you upload, transmit, or make available through the services; (c) your use of the services; (d) any violation that NeverWait determines through its reasonable investigations of a suspected violation(s) of this Agreement; or (e) your violation of another’s rights.  This express waiver and indemnity provision applies to all violations described in or contemplated by this Agreement.  This obligation shall survive the termination or expiration of this Agreement and/or your use of the services.

 

15. GENERAL PROVISIONS

 

Notice(s).  As part of our regular update policies, NeverWait may provide you with notice regarding the Services, including changes made to this Agreement, via your email address provided to us, regular mail, or postings made to our application product.  However, you acknowledge and agree to hold NeverWait harmless from any and all notification transmission errors.

 

B. Governing Law.  This Agreement between you and NeverWait shall be governed by the laws of the State of Arizona, excluding its personal conflict of laws provisions.  You agree to submit to the personal and exclusive jurisdiction of the courts located in Maricopa County, Arizona, to resolve all disputes, claims, or allegations arising from this Agreement.

 

C. Entire Agreement.  This Agreement embodies the complete agreement in its entirety between you and NeverWait.  This Agreement governs your use of NeverWait services and replaces any other prior agreements between you and NeverWait in relation to the services.  In the event any of this Agreement is held to be invalid or unenforceable, that specific portion shall be construed to reflect the original intentions of the parties, and the remaining portions shall remain in full force and effect.  If NeverWait does not exercise or enforce any right or provision of this Agreement, then that does not constitute a waiver of such right or provision.  You agree that there shall be no third-party beneficiaries to this agreement.


D. NeverWait as defined by this Agreement:

 

MDMM, LLC DBA NeverWait located at 

[Street Address]

[City, State, Zip Code]

 

E. Electronic Contracting.  You acknowledge and agree that your use of the services includes your ability to enter into agreements or related transactions electronically.  YOUR ELECTRONIC SUBMISSSION TO NEVERWAIT ACKNOWLEDGES YOUR AGREEMENT AND INTENT TO BY BOUND BY THE TERMS OF THIS AGREEMENT IN ITS ENTIRETY.  In order to access and store your electronic transaction records with NeverWait, you accept full responsibility for installing required hardware and software.