WAVE REPRESENTATIVES TERMS OF SERVICE

Posted: July  31, 2017

Effective: August 1, 2017

Thank you for choosing Wave Representatives!  These terms of service (“Terms”) cover your use and access to our services and web sites (“Services”).  Please read these Terms carefully because they are a contractual agreement between You and Wave Representatives, LLC., (“Wave Representatives”). By using our Services for an organization, you’re agreeing to these Terms on behalf of that organization.  You automatically agree to these Terms and to our Privacy Policy simply by using our Services or logging into our Sites.

Your use of Wave Representatives Services are provided by Wave Representatives pursuant to a separate manually or digitally-executed agreement. Those additional terms become part of your agreement with us, if you use the Services or log into the Sites.

Modifications and Termination

Wave Representatives reserves the right to change our Services at any time without notice. For example, Beta features or existing features may be added or removed and we may discontinue or pause a particular feature or functionality. We may also charge new fees for any new or existing features at any time. If you disagree with any changes, you can stop using our Services.

Content You Share

When you use our Services, you share with us items like files, pictures, messages, contacts and so on (“Content”). You do not transfer ownership of your Content simply by providing it. However, by providing or uploading Content, you grant us, our agents, and assigns an irrevocable, perpetual (non-exclusive) right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, adapt, modify, create derivative works of, exhibit, and otherwise use your your information even if you stop using our Services. Without these permissions, we couldn’t offer our Services.

You agree to indemnify, release, and hold us blameless from any all liability, claims, actions, loss, harm, damage, injury, cost or expense arising out of any Content you post.

Keep in mind that if you send us any information, ideas, suggestions, or other communications to us, those communications will not be confidential. Moreover, unless we tell you otherwise, we reserve the right to reproduce, use, disclose, and distribute such communications without any obligation to you.

Your Responsibilities

Content in the Services may be protected by others’ intellectual property rights. Do not copy, upload, download or share content unless you have the right to do so.

Wave Representatives is not responsible for the content people post and share via the Services.

Don’t share your account credentials or give others access to your account.

Future Services

We sometimes release products and features that are still in development and testing. These Services have been noted as beta, early access, or evaluation.  These Services may experience delayed releases, replaced content or could even be ultimately canceled.

Intellectual Property

The Services are protected by copyright, trademark, and other governing laws. These Terms do not grant a license to any of its intellectual property rights; or authorize you to utilize Wave Representatives trademarks, logos and brands on its behalf.  We may solicit occasional feedback and may use comments and suggestions without any obligation to you.

Our Warranties and Disclaimers

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OF SERVICE, NEITHER WAVE REPRESENTATIVES, LLC., NOR ITS AGENTS OR SERVICE PROVIDERS (THE “SERVICES ENTITIES”) MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. WE PROVIDE THE SERVICES “AS IS”.  SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

Liability for our Services

EXCEPT WHERE PROHIBITED, THE SERVICES ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SITES OR ANY THIRD PARTY’S USE OF THE SITES. THESE EXCLUSIONS INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, COMPUTER FAILURE, OR THE VIOLATION OF YOUR RIGHTS BY ANY THIRD PARTY, EVEN IF THE SERVICES ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED.

Additional Details

We may change our Terms from time to time, so ensure you check back regularly. By continuing to use our Services or log into a Site after these Terms have changed, you indicate your agreement to the revised Terms. If you do not agree to the changes, you should stop using the Services or logging into the Sites.

These Terms are governed by and construed in accordance with the laws of California, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms and or your use of the Services resides in the courts located in San Diego, California, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action. If it turns out that a particular provision in these Terms is not enforceable, that will not affect any other provision.

Resolving Disputes

We want to address your concerns without needing a formal legal case. Before filing a claim against Wave Representatives, you agree to try to resolve the dispute informally by contacting dispute@wavereps.com. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or Wave Representatives may bring a formal proceeding.

Judicial forum for disputes. You and Wave Representatives agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought in the federal or state courts of San Diego County, California.

Either you or Wave Representatives may assert claims, if they qualify, in small claims court in San Diego (CA). Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. You agree to the exclusive jurisdiction of the state and federal courts in San Diego County, California to resolve your claim.

Entire Agreement

These Terms constitute the entire agreement between you and Wave Representatives with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.

Waiver, Severability & Assignment

Wave Representatives failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Wave Representatives may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.