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, 11100 Linpage Place, St. Louis, Mo 63132.
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.
Your Access to and Control Over Information: 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:
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 measure 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. Usage of a cookie is in no way linked to any personally identifiable information.
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.
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.