Terms of Service
Last updated: 29 August 2025
Welcome to ER Wait Times.org ("we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of ERWaitTimes.org, our mobile pages, widgets, APIs, email, and SMS programs (collectively, the "Services").
By (a) accessing the Services, (b) creating an account, or (c) affirmatively checking an "I agree" box, you acknowledge that you have read, understood, and agree to be bound by these Terms and by all policies incorporated herein by reference, including our Privacy Policy and the Mobile Messaging terms in Section 8 below.
If you do not agree, do not use the Services.
1. Company Information & Contact
ER Wait Times.org ("we," "us," or "our") operates an online platform that displays emergency-room wait-time estimates and related hospital information across the United States.
Email: marketing@erwaittimes.org
2. Eligibility & Account Registration
You must be at least 13 years old (16 in the EEA/UK) and able to form a binding contract.
You warrant that any registration information you submit is truthful, accurate, and kept current.
You are responsible for safeguarding your password; you must notify us immediately of any unauthorized use.
3. License & Intellectual-Property Rights
Our License to You
We grant you a limited, revocable, non-transferable license to access and use the Services for personal, non-commercial purposes.
Reservation of Rights
All trademarks, logos, and content not expressly granted remain EWT's or their respective owners' property.
4. User Conduct Rules
You agree not to:
a. Scrape, crawl, or reverse-engineer the Services;
b. Post unlawful, harassing, or defamatory material;
c. Upload viruses or interfere with security features;
d. Use automated means to send unsolicited messages;
e. Violate any applicable law or third-party right.
5. Medical & Legal Disclaimer
EWT provides informational waiting-time estimates only. We do not provide medical advice, diagnosis, or treatment, and the Services are not a substitute for professional medical judgment. Always call 911 for emergencies.
6. Third-Party Links & Integrations
The Services may contain links to third-party sites (e.g., hospital websites, map providers). We are not responsible for their content or practices.
7. Fees
The Services are presently offered free of charge, but we reserve the right to introduce fees with prior notice in the terms of service and through advertisement programs.
8. Mobile Messaging (SMS/MMS) Terms
8.1 Program Description
EWT operates two SMS programs:
• Utility Texts – one-time passwords, service alerts (max 4 texts per event).
• Marketing Texts – promotions, product updates (max 3 texts per calendar month).
8.2 Opt-In Consent
You may opt in by checking an unchecked consent box next to the phone-number field. The call-to-action displayed at opt-in reads:
"By entering your mobile number and checking this box, you agree to receive up to 4 utility texts per event and up to 3 marketing texts per month from ER Wait Times.org. Reply STOP to cancel, HELP for help. Msg & Data rates may apply. Consent is not a condition of purchase. Read our Privacy Policy and Terms."
8.3 Opt-Out & Help
• STOP – Cancel all messages (one final confirmation text will be sent).
• HELP – Receive contact information and a link to these Terms.
Alternatively, email us at marketing@erwaittimes.org.
8.4 Data Usage & Sharing
Mobile numbers are used solely for delivering the requested texts and internal analytics. We do not sell or share your number with third parties for their own marketing. Carriers are not liable for delayed or undelivered messages.
8.5 Record-Keeping
We log the opt-in text shown, date/time, IP address, and carrier as required by the TCPA, CTIA, and Twilio Messaging Policy.
9. Electronic Communications
By using the Services, you consent to receive notices, agreements, disclosures, and other communications electronically (email, in-app, or SMS) under the U.S. E-SIGN Act and comparable laws.
10. Suspension & Termination
We may suspend or terminate your access at any time, with or without notice, for conduct that we believe violates these Terms or applicable law. You may delete your account at any time through your profile settings or by emailing us.
11. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." EWT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that the Services will be uninterrupted, accurate, or error-free.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EWT AND ITS OFFICERS, EMPLOYEES, OR AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR DATA.
13. Indemnification
You agree to indemnify, defend, and hold harmless EWT from any claim or demand (including reasonable attorneys' fees) arising out of your (a) use of the Services, (b) violation of these Terms, or (c) infringement of any right of a third party.
14. Governing Law & Dispute Resolution
These Terms are governed by the laws of the State of Illinois, excluding its conflict-of-law rules. Any dispute shall be resolved exclusively in the state or federal courts located in DuPage County, Illinois, unless mandatory arbitration is required by law. You waive any right to participate in a class action.
15. Modifications to These Terms
We may update these Terms from time to time. Material changes will be notified via site banner, email, or SMS. Continued use after the effective date constitutes acceptance of the revised Terms.
16. Severability
If any provision is held unenforceable, the remaining provisions shall continue in full force and effect.
17. Entire Agreement
These Terms, together with the Privacy Policy and any additional program-specific terms we post, constitute the entire agreement between you and EWT and supersede all prior agreements, oral or written.
Need Help?
Email marketing@erwaittimes.org or reply HELP to any EWT text message.