Terms and Conditions
Welcome to the Shortwaits.com website (collectively, including all content and functionality available through the Shortwaits.com domain name, the Shortwaits blog, downloadable software, mobile applications and other services provided by us, referred to as the "Site"). By accessing or using the Site, you (Site visitor, or "User"), whether registered or not, accept these Terms of Use ("Agreement"), including as applicable Shortwaits Data Processing Addendum ("DPA") and our Privacy Policy, which are incorporated into the Agreement, and agree to be bound by these terms and all applicable laws of the State of Oregon and the United States of America.
Use of Site
The Site is not intended for and may not be used by individuals who are under thirteen years of age. By registering a Shortwaits account, the Site visitor or User promises that they are at least eighteen years of age. The Site may not be used to gain or attempt to gain a competitive advantage in Shortwaits's industry market or be used for any commercial purpose. Services and products are intended only for persons who are legally permitted to enter binding contracts. User Submissions retained all ownership rights in their own submissions. However, by submitting User Submissions to the Site, Users grant to Shortwaits a non-exclusive, worldwide, non-revocable, transferable, royalty-free, and perpetual right to use the submissions in any manner or media now or later developed, for any purpose, commercial, advertising, or otherwise, including the right to translate, display, sublicense, reproduce, create derivative works, distribute, assign, and commercialize without any payment due to the User.
Third-Party Software Integrations
Shortwaits integrates with third-party apps and software platforms such as MailChimp, Infusionsoft, Stripe, and Square. Users access content and services from these third parties through hyperlinks and APIs. For any transactions through third-party integrations, Shortwaits does not represent either the seller or buyer, and has no control over and is not liable for the quality, safety, lawfulness, or availability of any products or services offered. The User agrees that Shortwaits shall not be liable for any damages, claims, liabilities, costs, harms, privacy law violations, data breaches, or business disruptions that may arise from transactions carried out through these third-party integrations.
Subscription Fees for Paid Services
Shortwaits offers a free, basic software plan, but you may choose to upgrade to a paid subscription. By providing a payment method, you expressly authorize Shortwaits to charge the applicable cost of services, and other costs such as overage fees and taxes, at normal intervals. Shortwaits will automatically renew and charge your payment method based on the subscription plan chosen, plus any additional overage or service fees. Payments are non-refundable, but Shortwaits may consider a request to refund a past payment on a case-by-case basis. Paid accounts will automatically renew at the start of each new subscription period unless you downgrade the account to a free plan or cancel the account. Downgrading or cancellation will be effective immediately, and you will not be entitled to a refund of any payments for the remainder of the unused subscription period.
Electronic Communications
By using the Site or registering for Shortwaits, you consent to receive electronic communications from us. These may include operationally essential messages about changes to your account settings, appointments, payment receipts, delinquent payment notices, or other transactional information. Shortwaits may also send you educational or promotional messaging about new features, product offerings, or services. You have the ability to opt-out of any non-essential messaging at any time by referring to the Shortwaits Privacy Policy.
Rules of Conduct
Users agree to adhere to generally accepted rules of etiquette and behavior standards. As a User, you agree not to post submissions that are libelous, hateful, inflammatory, illegal, pornographic, defamatory, harmful, obscene, sexually explicit, harassing, vulgar, violent, racially offensive, or otherwise objectionable. You agree not to post advertising or commercial content, violate any law, impersonate any person, promote malware, engage in unauthorized data retrieval, or solicit information from minors. Shortwaits reserves the right to restrict any User's access to the Site and to edit, remove, or refuse to post any User Submissions or terminate User accounts for any reason.
Accuracy of Information
Although Shortwaits's webmaster updates information on the Site periodically, Shortwaits does not offer assurance that the information or material is error-free or complete. Shortwaits reserves the right to revise or change information on the Site without prior notice. Although we apologize for the inconvenience, Shortwaits reserves the right to correct any information at any time, even during User transactions. All prices are available for limited time only, and Shortwaits reserves the right to change any price without notice. Current promotions, sales, and discounts are not valid towards previously purchased service.
Third Party Links and Content
Links and references to third-party websites are provided for convenience only. Shortwaits does not expressly or implicitly endorse any information, materials, or services offered on third-party sites, nor their accessibility or security. Shortwaits does not assume any responsibility or liability for third-party sites. User agrees to indemnify Shortwaits's service providers and affiliates against all losses or damages resulting from the User's reliance on any information, opinion, or advice obtained through the Site.
Termination
Shortwaits reserves the right, in its sole discretion, to terminate any User account and any User Submissions, and restrict User's access to all or any part of the Site, for any or no reason, without notice, and without liability to any User or anyone else. The terms of Termination; Indemnity; Copyright and Trademark Disclaimer; Limitation of Liability and Disclaimer of Warranties; and Governing Law sections will survive any termination of service or use of the Site.
Indemnity
User agrees to indemnify Shortwaits and its service providers and affiliates against all losses or damages, including reasonable attorney's fees, resulting from or relating in any way to their User Submissions, use of the Site, any violation of this Agreement, Privacy Policy, the DPA, any law, or the rights of any third party, or any activity on the User's account by another third party.
Copyright and Trademark Disclaimer
The Site is owned by Shortwaits and is available for Users' personal and commercial purposes. The Shortwaits name, logo, and site content are all subject to trademark, copyright, and other applicable intellectual property rights and law. Third-party trademarks, product names, and logos on the Site are the property of their respective owners. Shortwaits retains sole rights for all use, production, and copy of its trademarks, and any misuse is strictly prohibited. Shortwaits' trademarks may not be copied, reproduced, modified, downloaded, published, exploited, or transmitted without first obtaining written permission from Shortwaits. User agrees to respect all applicable intellectual property laws and not use any materials on the Site to create new works.
Limitation of Liability and Disclaimer of Warranties
Shortwaits provides the site "as is" and does not claim to make any warranties, express or implied, about the serviceability, merchantability, fitness for a particular purpose, or content of the site. Shortwaits further does not warrant that its site or applicable server is free from viruses or other potentially harmful code. Neither Shortwaits nor any of its service providers shall be liable for any claims arising from any use or inability to use products or services, privacy law violations, data breaches, the conduct of other site users, or any indirect, incidental, special, consequential or any damages whatsoever. In no event shall Shortwaits be liable for damages in excess of the price charged to user for user's order.
Privacy
Shortwaits is not currently HIPAA compliant. Users are solely responsible for compliance with HIPAA, HITECH, and similar data protection and privacy laws. This Agreement incorporates by reference the DPA when GDPR applies to the use of the Site. The parties agree that the DPA replaces and supersedes in its entirety any previously agreed data processing addendum between you and Shortwaits relating to the EU Directive 95/46/EC. Shortwaits and its affiliates will handle any Personal Data relating to the personnel of User that is provided to Shortwaits in accordance with the handling practices described in the Privacy Policy.
Governing Law
The Site is controlled and operated by Shortwaits in Multnomah County, Oregon, United States of America. Shortwaits makes no claim that the Site, its services, are appropriate or accessible to other locations. User accesses the Site on his/her own initiative, accepts and agrees to be bound by the terms of the Agreement, the Privacy Policy, and the DPA, and submits to the jurisdiction and venue in the state or federal courts located in Oregon. This agreement shall be governed by the laws of the State of Oregon without giving effect to its conflicts of law principles.
Contact Us
If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at privacy@shortwaits.com.
