Terms & Conditions

JUMPtheWAIT Privacy Policy & Terms of Use

Privacy Agreement JUMPtheWAIT, LLC ("JUMPtheWAIT" or the "Company") collects certain information through its websites and mobile sites, located at www.jumpthewait.com and m.jumpthewait.com (collectively, the "Sites"). Your privacy is important to JUMPtheWAIT, and this Privacy Policy lays out the Company's policies and procedures surrounding the collection and handling of such information. This Privacy Policy applies only to the Sites. It does not apply to any restaurant locations, other third party services linked to JUMPtheWAIT Sites, or offline activities related to JUMPtheWAIT services. Information JUMPtheWAIT Collects JUMPtheWAIT may collect the following information from users of our Sites: first name, last name, home city, telephone number, cellular network carrier, e-mail address, Sites-specific display name, and GPS location (mobile site) (collectively, "Personally Identifiable Information" or "PII"). Sites are not intended for use by children under the age of 13, and JUMPtheWAIT does not knowingly collect PII from children under the age of 13. Use of Sites services to remotely add parties to wait lists, choose favorite restaurants and participate in the loyalty program requires that you create an account ("Account"); however, use of Sites services to search or browse for a restaurant and discover its wait time does not. In addition to the PII set forth above, JUMPtheWAIT may also collect information regarding Account holders' past wait list entries, favorite restaurants and customer service inquiries. JUMPtheWAIT also uses analytics to track and analyze user-merchant interaction on the Sites. JUMPtheWAIT may publish these statistics or share them with merchants and third parties without including PII.

The Company's Use Of Collected Information JUMPtheWAIT uses PII to create user Accounts, to communicate with users about the Sites' services and to offer users additional services, promotions and special offers. Users may opt to allow JUMPtheWAIT to store certain PII used to create users' Accounts, including, but not limited to, telephone numbers. JUMPtheWAIT uses stored PII to customize wait list notifications for you. You may request that JUMPtheWAIT cease storing certain PII at any time [NEED to EXPLAIN THIS FURTHER], but you may not be able to take advantage of certain customized features [?? As a Result?]. Users may affirmatively opt-out of receiving promotional communications from JUMPtheWAIT by visiting http://www.jumpthewait.com and providing JUMPtheWAIT with their e-mail address via the opt-out link. JUMPtheWAIT may also use PII to enforce the Sites' terms of use. JUMPtheWAIT uses cookies to remember users on the Sites and to enhance users' experience on the Sites. For example, when users with Accounts return to the Sites, cookies identify those users and allow the Sites to provide certain user-specific information such as Account information, past wait list entries and favorite restaurants. JUMPtheWAIT does not sell the information it collects to third parties. JUMPtheWAIT shares collected PII to third-party vendors and service providers with whom JUMPtheWAIT works to provide application programming interfaces ("APIs") and other functions for the Sites in connection with the delivery of JUMPtheWAIT services. In addition, JUMPtheWAIT shares users' first name, last name and party size to the extent necessary to process those wait list requests. By accepting these terms and conditions, you also agree to let JUMPtheWAIT notify you of your wait list status via your selected form of communication (email or text). JUMPtheWAIT will not share your phone number or email address with any restaurant or third party. JUMPtheWAIT may disclose PII to third parties such as attorneys, collection agencies, tribunals or law enforcement authorities pursuant to valid requests and/or in connection with alleged violations of JUMPtheWAIT terms of use and service or other alleged contract violations, infringement or similar harm to persons or property.

JUMPtheWAIT's Protection of PII JUMPtheWAIT uses what it deems to be reasonable security measures, which it believes are equal to or exceeding current industry standard to protect PII from unauthorized access, destruction, use, modification, and disclosure. Unfortunately, even with these measures, JUMPtheWAIT cannot guarantee the security of PII. By using the Sites, you acknowledge and agree that JUMPtheWAIT makes no such guarantee, and that you use the Sites at your own risk.

Accessing and Correcting Your PII Registered Account holders can access and change their own PII using the "Edit" function on the JUMPtheWAIT website. If you have questions regarding the Company's use or collection of your PII, please contact the Company's privacy officer at: feedback@jumpthewait.com.

Privacy Policy Amendments JUMPtheWAIT may change this Privacy Policy at any time by posting a new version on this page or on a successor page. The new version will become effective on the posting date, which will be listed at the top of the page as the effective date. Terms of Use Please read the following Terms of Use carefully before using JUMPtheWAIT or any of the Sites. For inquiries relating to any wait-list entries, see our FAQ. For information on advertising or promoting your restaurant through JUMPtheWAIT, visit JUMPtheWAIT Sign-up Form for Restaurants. Applicability & Acceptance of These Terms of Use By viewing, using, accessing, or browsing any content or material on the Sites, you agree to these Terms of Use as a binding legal agreement between you and JUMPtheWAIT, without limitation or qualification. The term "you" or "You" shall refer to any person or entity who views, uses, accesses, or browses any content or material to the Sites. If you do not agree to these Terms of Use, then you may not use the Sites. JUMPtheWAIT reserves the right to modify these Terms of Use at any time without prior notice. You agree that each visit you make to the Sites shall be subject to the then-current Terms of Use, and continued use of the Sites now or following modifications in these Terms of Use confirms that you have read, accepted, and agreed to be bound by such modifications.

User License Scope. JUMPtheWAIT grants you permission (which may be revoked at any time for any reason or no reason) to view the Sites and to download, email, share via social networking or print individual pages from the Sites in accordance with these Terms of Use and solely for your own personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained on such pages. No other use is permitted. You may not, for example, incorporate the information, content, or other material in any database, compilation, archive or cache. You may not modify, copy, distribute, re-publish, transmit, display, perform, reproduce, publish, reuse, resell, license, create derivative works from, transfer, or sell any information, content, material, software, products or services obtained from the Sites, except as specifically noted above. Except as specifically authorized by JUMPtheWAIT, you may not deep-link to the Sites for any purpose or access the Sites manually or with any robot, spider, web crawler, extraction software, automated process or device to scrape, copy, or monitor any portion of the Sites or any information, content, or material on the Sites. JUMPtheWAIT reserves all of its statutory and common law rights against any person or entity who violates this paragraph. You may not link or frame to any pages of the Sites or any content contained therein, whether in whole or in part, without prior written consent from JUMPtheWAIT. You may like or follow JUMPtheWAIT or share links to the Sites via social networking technology reference on the Sites. Any rights not expressly granted herein are reserved. User Conduct. You agree that your use of the Sites and/or services on the Sites is subject to all applicable local, state and federal laws and regulations. You also agree: to comply with US law and local laws or rules regarding online conduct and acceptable material; not to use the Sites or their services or submit content to the Sites if you are under the age of 13; not to access the Sites or services using a third-party's Account/registration without the express consent of the Account holder; not to use the Sites for illegal purposes; not to commit any acts of infringement on the Sites or with respect to content on the Sites; not to use the Sites to engage in commercial activities apart from sanctioned use of JUMPtheWAIT services; not to copy any content, including, but not limited to third-party reviews, for re-publication in print or on-line; not to attempt to gain unauthorized access to other computer systems from or through the Sites; not to interfere with another person's use and enjoyment of the Sites or another entity's use and/or enjoyment of the Sites; not to upload or transmit viruses or other harmful, disruptive or destructive files; and/or not to disrupt, interfere with, or otherwise harm or violate the security of the Sites, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Sites or affiliated or linked sites (including those of our restaurant partners). Harm from Commercial Use. You agree that the consequences of commercial use or re-publication of content or information from the Sites may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy and that JUMPtheWAIT will be entitled to temporary and permanent injunctive relief to prohibit such use. Site Content JUMPtheWAIT does not represent or warrant that any content or information accessible via the Sites is accurate, complete, reliable, current or error-free including the wait times, pricing, hours of operation or parking accessibility available from its partner restaurants. Wait times, price, description, parking accessibility and restaurant information are subject to change without notice. JUMPtheWAIT assumes no responsibility or liability for any errors or omissions in the content of the Sites. Proprietary Rights. You acknowledge and agree that the Sites contain proprietary information and content that is protected by intellectual property and other laws, and may not be used except as provided in these Terms of Use without advance, written permission of JUMPtheWAIT. All Sites design, text, graphics, interfaces, and images (and the selection and arrangements thereof), and software, hypertext markup language ("HTML"), scripts, active server pages, and other content and software used in the Sites are copyrighted ©2012 JUMPtheWAIT, all rights reserved. Termination and Modifications to the Sites JUMPtheWAIT reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Sites and/or services offered on or through the Sites (or any part thereof), including but not limited to the Sites' features, look and feel, and functional elements and related services.

Indemnity You agree to indemnify and hold JUMPtheWAIT, its parents, subsidiaries and affiliates, agents, officers, directors, or other employees harmless from any claim, demand, or damage (whether direct, indirect, or consequential), including reasonable attorneys' fees, made by anyone in connection with your use of the Sites, with any alleged infringement of intellectual property or other right of any person or entity relating to the Sites, your violation of these Terms of Use, and any other acts or omissions relating to the Sites.

Disclaimer of Warranties THE INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIALS AVAILABLE THROUGH THE SITES (WHETHER PROVIDED BY JUMPTHEWAIT, YOU, OTHER USERS OR OTHER AFFILIATES/THIRD PARTIES), INCLUDING WITHOUT LIMITATION, TEXT, PHOTOS, GRAPHICS, AUDIO FILES, VIDEO, AND LINKS, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, JUMPTHEWAIT DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

Limitation of Liability IN NO EVENT SHALL JUMPTHEWAIT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (EVEN IF JUMPTHEWAIT HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, PERFORMANCE OF, OR SERVICES PROVIDED ON OR THROUGH THE SITES. JUMPTHEWAIT ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM THE SITES. JUMPTHEWAIT ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIAL AVAILABLE ON OR THROUGH THE SITES, AS WELL AS ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO THIS SITE, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, INACCURACY CONTAINED THEREIN OR HARM TO PERSON OR PROPERTY CAUSED THEREBY. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL JUMPTHEWAIT'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED (A) THE AMOUNT PAID BY YOU TO JUMPTHEWAIT OR A RESTAURANT AFFILIATE, IF ANY, OR (B) $100 (WHICHEVER IS LESS).

YOU AND JUMPTHEWAIT AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU AND JUMPTHEWAIT AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE FAIR AND REASONABLE.

IF YOU ARE DISSATISFIED WITH THE SITE OR DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE, EXCEPT AS MAY BE PROVIDED FOR IN THIS SECTION 7.

Your account, password, and security Use of Sites' services requires that you register and/or create an account ("Account") or use the Sites as a guest. To register and create an Account, you must select an account designation and password and provide certain personal information. In consideration of the use of the Sites' services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, and (b) maintain and promptly update the personal information you provide to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or JUMPtheWAIT has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, JUMPtheWAIT has the right to refuse any and all current or future use by you (or anyone on your behalf) of the Sites (or any portion thereof).

You are responsible for maintaining the confidentiality and security of your Account and password, and you are fully responsible for all activities that occur under your password or Account, and for any other actions taken in connection with the Account or password. You agree to (a) immediately notify JUMPtheWAIT of any known or suspected unauthorized use(s) of your password or Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password; and (b) ensure that you exit from your Account at the end of each session. JUMPtheWAIT will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your Account and/or password.

Links As a courtesy to you, the Sites may offer links to other websites. Some of these websites may be affiliated with JUMPtheWAIT while others may not or are not. JUMPtheWAIT is not responsible for the contents of any website pages created and maintained by organizations independent of JUMPtheWAIT, including those of affiliates. Visiting any such third-party website pages is at your own risk. JUMPtheWAIT has no control of these third-party website pages, nor can it guarantee the accuracy, completeness, or timeliness of information in third-party website pages. Your use of such information is voluntary, and your reliance on such information should be made only after independent review. References to commercial products or services within any such third-party website pages do not constitute or imply an endorsement by JUMPtheWAIT. By using the Sites you acknowledge that JUMPtheWAIT is neither responsible for the availability of, nor the content located on or through any third-party website pages.

Trademarks "JUMPtheWAIT" and "Wait Better" are JUMPtheWAIT trademarks. Such trademarks and other marks, logos, and names of JUMPtheWAIT or the Sites, used on or in connection with the Sites may not be used in connection with any product or service that is not under JUMPtheWAIT's ownership or control. Furthermore, such trademarks may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits JUMPtheWAIT. All other trademarks not owned by JUMPtheWAIT (or its affiliates) that appear on the Sites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by JUMPtheWAIT or its affiliates.

Consideration You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of the Sites and receipt or use of data, content, products and/or services through the Sites, the possibility of our review, and the possibility of publicity and promotion from our review, use or display of your user-generated content.

Jurisdiction, Applicable Law, and Limitations This Site is created and controlled by JUMPtheWAIT in the State of New Jersey, U.S.A. You agree that these Terms of Use will be governed by and construed in accordance with the laws of the United States of America and the State of New Jersey, without regard to its conflicts of law provisions. Use of the Sites is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use. JUMPtheWAIT makes no claims or assurances that the Sites are appropriate or may be downloaded outside of the United States. You agree that all legal proceedings arising out of or in connection with these Terms of Use, or services available on or through the Sites must be filed in a federal or state court located in Camden County, New Jersey, within one year of the time in which the events giving rise to such claim began, or your claim will be forever waived and barred. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process.

General Enforceability. If any portion of these Terms of Use is found to be void, invalid or otherwise unenforceable, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms of Use shall continue to be enforceable and valid according to terms contained herein. Entire Agreement. Except as expressly provided in a particular "Legal & Privacy" posting or other notice on particular pages of the Sites, these Terms of Use, which hereby incorporate by reference the terms of the Company's Privacy Policy, constitute the entire agreement between you and JUMPtheWAIT, superseding all prior agreements regarding the Sites. No Waiver. The failure of JUMPtheWAIT to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of said right or provision. Neither party hereto shall be deemed to be in default of any provision of the Terms of Use or for failure in performance resulting from acts or events beyond the reasonable control of such party and arising without its fault or negligence, including, but not be limited to, acts of God, civil or military authority, interruption of electric or telecommunication services, civil disturbances, acts of war or terrorists, strikes, fires, floods, alien invasions or other catastrophes. Headings & Construction. The section titles in the Terms of Use are for your convenience only and carry no contractual or legal effect whatsoever. The language in these Terms of Use shall be interpreted in accordance with its fair meaning and shall not be strictly interpreted for or against either party. Contact JUMPtheWAIT. For purposes of providing notice of cancellation or termination, contact us at info@jumpthewait.com. Copyright © 2012 JUMPtheWAIT, Inc. All Rights Reserved.