USING NOTICE

We own and operate this application (Notice), this website (waitsmart.com), the related mobile sites and mobile application(s), and selected other domains (collectively, the “Sites”). These terms of use (the “Agreement”) constitute a contract between you and us. This means that by accessing and/or using the Sites, you agree to all the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, do not use the Sites. As used in this Agreement, “Notice,” “we,” “us,” and “our” shall mean Notice Enterprises, Inc. and its subsidiaries and affiliates. As used in this Agreement, “vendors” shall mean service providers that use Notice, (and or any of their authorized users and agents including account administrators, staff members and authorized contractors using the Sites) that have formed a binding contract with us. As used in this Agreement, “consumer” shall mean the purchaser of goods and services being tracked on the Sites. By using the Sites, subscribing vendors and Launch Partners agree to the use of their organization’s name and logo for promotional purposes on the Sites.

This Agreement is separate from, and does not replace or void any existing agreement you have with vendors from whom you have purchased goods and services that you are tracking on the Sites. You may only use the Sites to track goods and services that you have purchased from vendors, or if you are the provider, an authorized employee or contractor of the vendor providing the service. You are explicitly prohibited from using the Sites to track goods and services of which you are not the consumer. You are prohibited from using the Sites if you are under the age of 18.

Use of the Sites as a consumer requires that you have purchased goods and services from a vendor. To register and create a vendor Account, you must register your company as a vendor by creating an account designation and password and provide certain personal information and or company information. In consideration of the use of the Sites', you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the track form, and (b) to only use the Sites as intended. If you provide any information that is untrue, or not yours, or if Notice has reasonable grounds to suspect that such information is untrue, or not yours, Notice has the right to refuse any and all current or future use of the Sites (or any portion thereof) without refund of prepaid subscription fees.

NETWORK ACCESS AND DEVICES

You (consumers and vendors) are responsible for obtaining the data network access necessary to use the Sites. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Sites and any updates thereto. We do not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Sites may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

INDEMNIFICATION

You agree to indemnify and hold harmless us from all claims, actions, losses, judgments, liabilities, damages, costs and expenses (including reasonable attorneys' fees) arising out of your breach of any provision of this Agreement, your violation of applicable law, your use of the Sites and/or Materials (including without limitation all Vendor Content), and/or all Uses by Notice and/or any third party authorized by Notice vendors.

Your also agree to indemnify Notice from all claims, actions, losses, judgments, liabilities, damages, costs and expenses (including reasonable attorneys' fees) arising from incorrect “PII” (Personally Identifying Information) including service addresses, service times, delivery instructions as well as any errors regarding status updates or tracking information of services being tracked on the Sites.

Your also agree to indemnify Notice from all claims, actions, losses, judgments, liabilities, damages, costs and expenses (including reasonable attorneys' fees) arising from services purchased from vendors that use Notice. You are bound to the terms and conditions of the purchase agreements made with vendors. Notice does not endorse, and is not responsible for the quality of services vendors provide. You agree to resolve any arising disputes regarding your services directly with the vendor, and indemnify Notice from all claims, actions, losses, judgments, liabilities, damages, costs and expenses (including reasonable attorneys' fees) arising from such disputes.

“PPI” is provided by consumers directly to the vendor and or the authorized agent of the vendor that goods and services are purchased from. Tracking information is updated by, and at the sole discretion of vendors and their authorized agents. By using Notice, you indemnify Notice from any loss, financial or otherwise resulting from inaccurate information posted and updated on the Sites.

TERMS OF USE AMENDMENTS

Notice may change the Terms of Use 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 March 1, 2017. You agree that you will check for new versions of this Terms of Use. By continuing to access and/or use the Sites following the posting of a new Terms of Use version, you agree to be bound by the then-current version. If you do not agree to the terms of the new version of the Terms of Use, you will stop using the Sites.

INFORMATION NOTICE COLLECTS

As used in this Agreement, “Notice,” “we,” “us,” and “our” shall mean Notice and its subsidiaries and affiliates. As used in this Agreement, “registered vendors” and “vendors” shall mean a service provider that uses Notice, (and or any of their authorized users including staff members and their contractors using the mobile application) that have formed a binding contract with us.

Notice collects certain information through its websites located at www.waitsmart.com and www.noticetracking.com, related mobile sites, consumer mobile applications, (collectively, “Sites"). Your privacy is important us and this Privacy Policy lays out Notice's policies and procedures surrounding the collection and handling of such information. If you do not agree to all the terms and conditions of this Privacy Policy, do not use the Sites. This Privacy Policy applies only to the Sites. It does not apply to any purchase, service or agreements with vendors or other third party services linked to Notice Sites or offline activities related to Notice.

Notice may collect the following information from users of our Sites: user’s name, device phone number, email address, service address and electronic signature (collectively, “Personally Identifiable Information” or “PII"). Collection of “PII” is intended solely for facilitate the tracking of services purchased from Notice vendors. Notice is not intended for use by persons under the age of 18, and Notice does not knowingly collect PII from persons under the age of 18. Use of the Sites requires that you purchase services from a Notice vendor. In addition to the PII set forth above, Notice may collect information regarding users' customer service messages and certain social networking preferences relating to the Sites (e.g. pages or entities and vendors you like, recommend or follow).

YOUR INFORMATION

We will never sell or publish any of your “PII”.

The information you provide to your vendor (phone number and zip code) when you purchase services may be used as credentials to track the current status of your services. Notice has no discretion or involvement in the information you provide to your vendor for delivery of purchased services, and any corrections or modifications to this info must be communicated directly to your vendor, and no other party can see or access this information.

Any tracking information on the Site is limited to the current status of your scheduled service with your vendor and does not show any of your “PII”. Your “PII” is only accessible by your vendor and or their authorized employees and contractors.

Any messages or correspondences between you and your vendor are private and cannot be viewed by anyone else.

We or your vendor may use your email address and phone number to communicate with you regarding services being tracked on the Site when necessary including emails and SMS text messages.

Notice also collects aggregated information, demographic information and other information that does not reveal your specific identity ("Non-PII"). Non-PII may include information about the device you use to access the Sites, information from referring websites and your engagement with the Sites. Notice also aggregates certain information collected by vendors including, but not limited to, vendors’ performance, driver mileage, and driver location. Notice may publish these statistics or share them with third parties without including PII.

Notice uses HTTPS cookies to collect information about you and your activity on the Sites. This information is retained perpetually. Notice uses this information to remember users on the Sites and to enhance users' experience on the Sites. For example, when Notice users return to the Sites, cookies identify those users and allow the Sites to provide certain user-specific information such as previously queried tracking information. To learn more about cookies, visit http://www.allaboutcookies.org. Notice also works with third parties for the purpose of advertisement delivery on the Sites. The Non-PII collected about your visits to the Sites may be used by third parties in order to provide advertisements about goods and services of interest to you. These third parties may also set cookies to assist with advertisement delivery services. To learn more about opting-out of cookie-targeted advertising on the Sites (sometimes referred to as online behavioral advertising or OBA), visit www.AboutAds.info.

Some browsers allow you to indicate that you would not like your online activities tracked, using “Do Not Track” indicators ("DNT Indicators"), however, we are not obligated to respond to these indicators. Presently, we are not set up to respond to DNT Indicators. This means that while the Sites may track certain latent information about your online activities, the collected information will be used to improve your use of our Site and in ways consistent with the provisions of this Privacy Policy.

NOTICE’S USE OF COLLECTED INFORMATION

Notice uses PII to communicate with users (directly and through vendor drivers and staff) about Notice services, to offer users additional services, assist with Customer service inquiries, to facilitate delivery of purchased goods and services..

Notice does not sell the information it collects through the Sites to third parties. Notice through its vendors, only shares collected PII with vendor staff and vendor-authorized contractors, only to the extent required to fulfill and deliver purchased goods and services. Notice allows certain social media platforms to host plug-ins or widgets on the Sites which may collect certain information about those users who choose to use those plug-ins or widgets. Notice may also disclose PII to third parties such as attorneys, collection agencies, tribunals or law enforcement authorities pursuant to valid requests in connection with alleged violations of Notice terms of use and service or other alleged contract violations, infringement or similar harm to persons or property. Notice vendors and all of their users must consent to the Notice Terms of Use.

User generated content posted through the Sites such as service reviews and certain social networking preferences (e.g. pages you “Like” or “Follow") may be viewed by the general public. Accordingly, Notice cannot ensure the privacy of any PII included in such user generated content.

NOTICE’S PROTECTION OF PII

Notice uses reasonable security measures equal to or exceeding industry standard to protect PII from unauthorized access, destruction, use, modification and disclosure. Unfortunately, even with these measures, Notice cannot guarantee the security of PII. By using the Sites, you acknowledge and agree that Notice makes no such guarantee, and that you use the Sites at your own risk.

ACCESSING AND CORRECTING YOUR PPI

Submission and or revision of your PPI must be communicated directly with your vendor. Notice is indemnified from any and all costs associated with, or resulting from incorrect PPI.

PRIVACY POLICY AMENDMENTS

Notice 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 May 18, 2015. You agree that you will check for new versions of this Privacy Policy. By continuing to access and/or use the Sites following the posting of a new Privacy Policy version, you agree to be bound by the then-current version. If you do not agree to the terms of the new version of the Privacy Policy, you will stop using the Sites.

Trademarks

The App Store and iPhone are registered trademarks of Apple, Inc.

The Play Store and Android are registered trademarks of Google, Inc.

The Windows Store and Windows Phone are registered trademarks of the Microsoft Corporation.

Notice and “wait smart” are registered trademarks of Notice Enterprises, Inc. All rights reserved.

All vendor logos are property of the respective owners.