Changes in Terms and Conditions: The Company reserves the right, in its sole discretion, to change these Terms at any time. If the Company changes any term or condition, said modification, revision and additional information shall be posted here and shall automatically replace the terms and conditions and become binding on all users of this site. Your continued use of the Website following the Company’s posting of revised terms and conditions constitute your acceptance of the revised agreement. If you do not agree with the revisions, do not continue to use the services or the Website.
Unlawful Activity: The Company prohibits the use of its site for any unlawful conduct. All users must comply with all local, state, federal and international laws, ordinances and regulations. By using this site, you agree not to use any false personal information or use an invalid or unauthorized credit or debit card. You agree not to use or permit anyone to use information provided through the Website for any unlawful or unauthorized purpose.
Ownership: The Website, including all site software, databases, trademarks, logos, service marks, proprietary information and materials (and any intellectual property and other rights relating thereto) (“Company Property”) is owned by the Company and will remain the property of the Company. User further acknowledges that it does not acquire any ownership rights by using the Website. User may not use any the Company’s property in connection with any product or service that is not offered by the Company, in any manner that is likely to cause confusion with the Company’s business, or in any manner that disparages the Company. Nothing contained on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Company Property without the express written permission of the Company
The content, organization, graphics, design, compilation, “look and feel” and all Company Property available on this site, including, without limitation, images and written and other materials (the “Contents”), are intellectual property protected under the copyright, trademark and other intellectual property laws of the United States and/or other countries (“Intellectual Property Laws”). You may not download, print, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise use or exploit any of the Content except in the course of viewing the Website online for lawful purposes, and in making single copies of selected pages of the Website for personal use and not for distribution or posting on any other site. You also agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on any Content. The violation of applicable Intellectual Property Laws may give rise to civil and/or criminal penalties. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading or copying other than the foregoing license to possess for personal use.
Indemnification: You agree to indemnify, defend and hold the Company, its parents, affiliates, licensors, suppliers, advertisers and sponsors, and their respective employees, consultants, agents and other representatives (“Indemnified Parties”) harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from: (a) your breach of any of these terms and conditions; (b) any allegation that any information you submit or transmit to the Website infringe or otherwise violates the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (c) any federal, state, or county tax obligation or amounts due or owing under any tax regulation, law, order or decree or any dispute concerning the tax status of the Company; and/or (d) your activities in connection with your use of this site.
No Warranty: THE WEBSITE, THE MATERIALS ON THE WEBSITE AND ANY SERVICE OBTAINED
THROUGH THE WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE COMPANY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE, THE MATERIALS, AND ANY SERVICE OBTAINED THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR USAGE OF TRADE. THE COMPANY DOES NOT WARRANT THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND YOUR RELIANCE THEREON. THE COMPANY IS NOT RESPONSIBLE IN ANY WAY FOR THE ACCURACY OR SUITABILITY OF ANY PAYMENT OF TAXES TO ANY ENTITY ON YOUR BEHALF. YOUR USE OF THE WEBSITE AND ANY MATERIALS PROVIDED THROUGH THE WEBSITE ARE ENTIRELY AT YOUR OWN RISK. YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of Liability: NEITHER THE COMPANY NOR ANY OTHER INDEMNIFIED PARTY ARE OR
WILL BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR LOST PROFITS) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE, THE MATERIALS ON THE WEBSITE OR ANY SERVICE OBTAINED THROUGH THE WEBSITE. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE COMPANY AND ANY OTHER INDEMNIFIED PARTY SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR: (I) ANY ACTION OF ANOTHER USER TO THE WEBSITE; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, INCLUDING ANY CLAIM, CAUSE OF ACTION, OBLIGATION, LIABILITY, RIGHT, OR REMEDY WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF THE COMPANY; (III) ANY UNAUTHORIZED ACCESS; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (IV) ANY BUGS, VIRUSES, WORMS, DEFECTS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; AND/OR (V) ANY ERROR, MISTAKE, INACCURACY OR OMISSION IN ANY MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS AVAILABLE THROUGH THE WEBSITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE. THE MAXIMUM LIABILITY OF THE COMPANY, AND ANY OTHER INDEMNIFIED PARTY, AND YOUR SOLE AND EXCLUSIVE REMEDY, FOR ALL DAMAGES, LOSSES SUFFERED BY YOU AND CAUSES OF
ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Allocation of Risk: You acknowledge and agree that the foregoing disclaimers and limitations of liability represent bargained for allocations of risk and that the pricing and other terms and conditions of this agreement reflect such allocation of risk.
Arbitration and Dispute Resolution: You and the Company each agree that any and all disputes, controversies, or claims arising out of or relating to: (i) these Terms; (ii) your use of, or access to, this site; or (iii) the Company’s services shall be resolved exclusively through final and binding arbitration rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this agreement to arbitrate, any part of it, or of these Terms including, but not limited to, any claim that all or any part of this agreement to arbitrate or the Terms is void or voidable. The arbitrator will decide the substance of all claims in accordance with the laws of the State of Missouri. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
You can choose to reject this agreement to arbitrate. If you do not wish to be bound by this agreement to arbitrate, you must notify the Company in writing within thirty (30) days of the date that you first access the Website. Your written notification must include your name and address, as well as a clear statement that you do not wish to resolve disputes with the Company through arbitration. Written notification should be mailed by certified mail to: HomeWAV, LLC, 2020 Westport Center Dr., St. Louis, Mo 63146.
YOU AND THE COMPANY AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING UNLESS BOTH YOU AND THE COMPANY ACKNOWLEDGE AND AGREE THAT THE WAIVER IS MATERIAL AND ESSENTIAL TO THE ARBITRATION OF ANY DISPUTES BETWEEN THE PARTIES AND IS NON- SEVERABLE FROM THE AGREEMENT TO ARBITRATE CLAIMS. IF THE WAIVER IS LIMITED, VOIDED OR FOUND UNENFORCEABLE, THEN THE PARTIES’ AGREEMENT TO ARBITRATE SHALL BE NULL AND VOID WITH RESPECT TO SUCH PROCEEDING, SUBJECT TO THE RIGHT TO APPEAL THE LIMITATION OR INVALIDATION OF THE WAIVER. UNLESS YOU AND THE COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIMS. ANY RELIEF AWARDED CANNOT AFFECT OTHER THE COMPA USERS.
Modifications to Website. The Company has the right, in its sole discretion, to modify, suspend or discontinue any part of this site at any time, with or without notice
Force Majeure: The Company shall not be deemed in default or otherwise liable under these Terms due to its inability to perform its obligations by reason of any act of God, fire, earthquake, blizzard, flood, epidemic, accident, explosion, casualty, strike, lockout, labor controversy, riot, civil disturbance, act of public enemy, embargo, war, any law ordinance or regulation, legal order (unless caused by the Company’s default hereunder), any failure or delay of any transportation, power, or communications system or any other similar cause not under the Company’s control.
Information Collection, Use, and Sharing: The Company is the sole owner of the information collected on the Website or in any manner relating to the Website. We only collect information that you voluntarily give us via submission on the Website, via email or by other direct contact from you. We will not sell or rent this information to anyone. We will not share your information with any third parties outside of the Company, other than as necessary to fulfill your request, provide agreed upon services, etc.
The Types of Information Collected:
The Company collects certain information from you when you use the Website, request information about our products and services, establish an account, request information, or ask to be included in an email or other contact list.
Information you provide to us: Through our Website, our customer support center, and/or otherwise in connection with our services, you may provide us with certain personal information in order to set up an account, contact us, request information, access information or subscribe to products or services. This information may include, without limitation:
- • information allowing you to be identified and contacted (first name, last name, email, proof of identity, service address(es), mailing address, phone number);
- • information permitting use of the Website or our products or services (such as email, IP address, usernames, call and text message logs, voicemails, information related to your incoming and outgoing calls (date, duration, numbers calling or called, etc.);
- • information related to financial transaction (credit card information or bank routing information);
- • information created by you in connection with your use of the services (such as phone contacts imported or created by Users, call comments, tags, greetings, hold music, data necessary to the integration of professional tools);
- • information related to your commercial dealings with the Company (such as summary of exchanges (subscriptions, options, commitment duration), status of invoices and payments);
- • information that you voluntarily provide the Company;
- • other information needed to provide you with the information or services you are requesting; and
- • The Company or its customer of record may record conversations using the service to the extent permitted by applicable law.
Information we collect automatically: Please see policy on Cookies, below.
Use of Information: The Company will not trade, sell, or disclose to any third party any form of personally identifying information for purposes of marketing to you without your consent. The Company may disclose any information collected, including personally identifying information as necessary to provide and bill for the products and services you order (including, without limitation, by providing information to collection agencies); as required by applicable law or governmental regulation, court order, subpoena, search warrant or other legal process; or in the case where the Company reasonably believes that failure to disclose information will lead to imminent harm to the Company, you or others. This includes information derived from registration, subscription, and use of our services.
Your Access to and Control Over Information: Except as provided elsewhere in this Policy or under the Company End-User License Agreement (insert link to EULA), or as necessary to provide you with or bill you for the products, services or information you requested, you may opt out of any future contacts from the Company at any time. You can do the following at any time by contacting us via the email address or phone number given on the Website:
- • See what data we have about you, if any.
- • Change/correct any data we have about you.
- • Have us delete any data we have about you.
- • Express any concern you have about our use of your data.
Registration: In order to use the Website, a user must first complete the registration form. During registration a user is required to give certain information (such as name and email address). This information is used to provide and offer services to you.
Security: We take precautions to protect your information. When you submit sensitive information via the Website, we take reasonable measures to protect such information both online and offline.
Cookies: We use “cookies” on the Website. A cookie is a piece of data stored on a site visitor’s hard drive to help us improve your access to our site and identify repeat visitors to the Website. For instance, when we use a cookie to identify you, you would not have to log in a password more than once, thereby saving time while on the Website. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site. Users of our Website may elect to opt-in to all cookies. Usage of a cookie is in no way linked to any personally identifiable information.
We do not currently respond to “do not track” signals as we are trying to provide you with a personalized experience.
Links: The Website may contain links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave the Website and to read the privacy policies of other sites accessed or visited.
Additional Binding Provisions: No agency, partnership, joint venture or other relationship is intended or created by your use of the Website. If any provision of these Terms is held invalid or unenforceable under any circumstance, its application in any other circumstances and the remaining provisions shall not be affected. Further, the provision that has been deemed to be invalid or ineffective shall be enforced to the greatest extent permitted by law. The heading at the beginning of each paragraph is for reference purposes and no way defines the scope or extent of such paragraph.
Your California Privacy Rights: If you are a California resident, you may request information regarding the disclosure of your personal information by the Company to a third party, if any, for a third party’s direct marketing purposes once per calendar year. If applicable, this information would include the categories of information and the names and addresses of businesses with which we shared information in the prior calendar year. To make such a request, please send an email to email@example.com or a letter to HomeWAV, LLC, 2020 Westport Center Dr., St. Louis, MO 63146 with “Request for California Privacy Information” in the subject line or body of the email or letter.