Terms of Service | TradeWithWaves.com

TERMS OF USE

Welcome to Trade With Waves (the “Site”)! This Site is owned and operated by Trade With Waves, LLC (the “Company,” “we,” “us,” or “our”). As a condition of your use and access of the Site and your purchase of any of our services, you agree to the following terms and conditions of use (“Terms of Use”). Please review them carefully as these terms and conditions of use represent an important legal agreement between you and the Company. These Terms of Use are subject to change by the Company at any time at its discretion. Your use of this Site after such changes are implemented constitutes your acknowledgment and acceptance of the changes. Please consult these Terms of Use regularly.

These Terms of Use govern your access to and use of the Site, and of any of the materials, information, mode of expression, words, images, intellectual property, audio or video recordings, or other materials or services found on or accessible from the Site (collectively, “Content”). By accessing this Site, you are indicating your acknowledgment and acceptance of these Terms of Use.

ACCESS TO THIS SITE

You agree to use this Site only for the lawful purposes described in more detail in the “Restrictions on Use” section below. You agree not to take any action that might compromise the security of this Site, render the Site inaccessible to others or otherwise cause damage to the Site or its Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties. To access this Site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this Site that all the information you provide on this Site will be correct, current, and complete. If the Company believes the information you provide is not correct, current or complete, we have the right to refuse you access to this Site or any of its resources, and to terminate or suspend your access at any time, without notice.

RESTRICTIONS ON USE

This Site is provided solely for non-commercial, personal use. You may not use this Site for any other purpose, including any commercial purpose, without the Company’s express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand this Site, or (ii) frame this Site, or (iii) hyper-link to this Site, without the express prior written permission of an authorized representative of the Company. For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Site or content accessible within this Site. You agree to cooperate with the Company in causing any unauthorized co-branding, framing or hyperlinking immediately to cease.

All of the Content on this Site and any service we provide is protected by U.S. and international copyright laws and is the property of the Company and/or providers of the content under license. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of the Company, or unless authorized in writing elsewhere on the Site, except that you may print out a copy of the content solely for your personal use. You are prohibited from using any of the marks or logos appearing throughout the Site without the express written permission of the Company. Trade With Waves, the name of this Site, the stylized versions of these, and the "Trade With Waves" logo are all trademarks of the Company. Unauthorized use of the materials available on the Site could subject you to liability under copyright, trademark, trade dress, unfair competition, and other laws of the United States.

We avail ourselves of the protections of the Digital Millennium Copyright Act and reserve the right to remove any content that is alleged to infringe the copyright of another party. Notices to us regarding any alleged copyright infringement on this Site should be directed to the Company at its contact information provided on this Site.

GRANT OF LICENSE

This Site and the Content may not be resold or otherwise transferred. This Site and the Content are licensed only for the non-commercial private exhibition for the individual purchaser. You agree that any public performance, other use, or copying is strictly prohibited. This agreement permits you to receive a single, non-transferable, non-assignable license for the non-commercial private use of this Site and associated materials. This site or any of its related materials are not to be re-sold at any time. In other words, you expressly agree that these materials are for your own personal use only, and are not to be sold or otherwise distributed or transferred to any others now or at any time in the future. The Company will, in all circumstances, vigorously pursue anyone who infringes upon or otherwise violates its rights under this contract or at law or equity for the maximum remedies, protections, and statutory damages allowable.

HYPER-LINKS AND ADVERTISERS

This site may be hyper-linked to other sites which are not maintained by, or related to, the Company. The inclusion of any hyper-link to a third-party site does not imply endorsement, sponsorship or recommendation by the Company of that site. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this Site or the Company. The Company has not reviewed any or all of such sites and is not responsible for the content of those sites. The Company also makes no representations about the availability of hyper-linked sites. Hyper-links are to be accessed at the user’s own risk, and the Company makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the Sites hyper-linked to this Site. If you hyper-link to a site, be aware that you will leave this Site and will become subject to the rules and conditions of the linked site(s). We recommend that you make yourself aware of the Terms of Use of any sites you link to from the Company’s site.

This Site may contain advertising. Advertisers are responsible for ensuring that material submitted for inclusion on this Site is accurate and complies with applicable laws. We are not responsible for advertisers’ materials, and make no representation with respect to the goods and services advertised or the legality or accuracy of such advertising.

SUBMISSIONS

You hereby grant to the Company the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information you post to the Site or communicate to the Company through this Site (collectively, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. The Company will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future company operations. By making a Submission, you are guaranteeing to us that you have the legal right to post the content in the Submission and that it will not violate any law or the rights of any person or entity.

Although under no obligation to do so, we reserve the right to monitor use of this Site to determine compliance with these Terms of Use, as well as the right to remove or refuse any Submission for any reason. Notwithstanding these rights, you remain solely responsible for the content of your Submission. You acknowledge and agree that neither the Company nor any third party that provides content to the Company will assume or have any liability for any action or inaction by the Company or such third party with respect to any Submission.

The Company will treat any personal information that you submit through this Site in accordance with its privacy policy as set forth on this Site.

PROHIBITED SUBMISSIONS

you do not have the right to post, including proprietary material of any third party;
advocates illegal activity or discusses an intent to commit an illegal act;
does not pertain directly to this Site;
threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
violates any law or may be considered to violate any law;
impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this Site;
solicits funds, advertisers or sponsors;
includes programs which contain viruses, worms and/or trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this Site;
includes mp3 format files;
amounts to a “pyramid” or similar scheme;
disobeys any policy or regulations established from time to time regarding use of this Site or any networks connected to this Site; or
contains hyper-links to other sites that contain content that falls within the descriptions set forth above.

DOWNLOADING MATERIAL

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet will be free of viruses, worms, trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Site for the reconstruction of any lost data. The Company does not assume any responsibility or risk for your use of the internet.

DISCLAIMER AND RELEASE FROM LIABILITY

THE COMPANY MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THIS SITE, OUR SERVICES OR THE CONTENT. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THIS SITE, OUR SERVICES, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THIS SITE. THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THIS SITE OR OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THIS SITE OR OUR SERVICES WILL BE CORRECTED. THE COMPANY DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED.

YOU UNDERSTAND AND AGREE THAT THE INFORMATION CONTAINED IN THIS SITE IS FOR YOUR PERSONAL EDUCATIONAL PURPOSES ONLY. STATEMENTS MADE AND CONCEPTS CONVEYED THROUGHOUT THIS SITE ARE PERSONAL OPINIONS ONLY. PAST PERFORMANCE DOES NOT GUARANTEE FUTURE RESULTS. THE COMPANY AND ITS REPRESENTATIVES MAKE NO REPRESENTATION OTHERWISE. YOU ARE RESPONSIBLE FOR YOUR OWN BEHAVIOR AND CONDUCT. NONE OF THE MATERIAL CONTAINED HEREIN IS TO BE CONSIDERED LEGAL OR PERSONAL ADVICE.

THIS SITE, OUR SERVICES AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND WHATSOEVER (EITHER EXPRESSED OR IMPLIED) AND YOU ALONE ASSUME ANY AND ALL RISK ASSOCIATED WITH USE OF THIS SITE AND OUR SERVICES. BY PURCHASE AND/OR USE OF OUR SERVICES YOU WAIVE ANY CLAIM WHATSOEVER AGAINST AND HOLD HARMLESS THE COMPANY AND ANY OF ITS OFFICERS, EMPLOYEES, ADVISORS, REPRESENTATIVES, CONTRACTORS OR DESIGNEES THAT MAY ARISE FROM SUCH USE. THE COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE.

INDEMNITY

YOU WILL INDEMNIFY AND HOLD THE COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, CONTENT PROVIDERS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND CONTRACTORS (HEREINAFTER KNOWN AS THE "INDEMNIFIED PARTIES") HARMLESS FROM ANY BREACH OF THESE TERMS OF USE BY YOU, INCLUDING ANY USE OF CONTENT OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS OF USE. YOU AGREE THAT THE INDEMNIFIED PARTIES WILL HAVE NO LIABILITY IN CONNECTION WITH ANY SUCH BREACH OR UNAUTHORIZED USE, AND YOU AGREE TO INDEMNIFY ANY AND ALL RESULTING LOSS, DAMAGES, JUDGMENTS, AWARDS, COSTS, EXPENSES, AND ATTORNEY’S FEES OF THE INDEMNIFIED PARTIES IN CONNECTION THEREWITH. YOU WILL ALSO INDEMNIFY AND HOLD THE INDEMNIFIED PARTIES HARMLESS FROM AND AGAINST ANY CLAIMS BROUGHT BY THIRD PARTIES ARISING OUT OF YOUR USE OF THE INFORMATION ACCESSED FROM THIS SITE.

SECURITY

Any passwords used for this Site are for individual use only. You will be responsible for the security of your password (if any). We will be entitled to monitor your password and, at our discretion, require you to change it. If you use a password that we consider insecure, we will be entitled to require the password to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, we reserve the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. We reserve the right to investigate suspected violations of these Terms of Use.

We reserve the right to fully cooperate with any law enforcement authorities or court order requesting or directing company to disclose the identity of anyone making Submissions that are believed to violate these Terms of Use.

By accepting this agreement you waive and hold harmless the Company from any claims resulting from any action taken by the Company during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either the company or law enforcement authorities.

MISCELLANEOUS

These Terms of Use and the Privacy Policy shall be interpreted, construed and governed by the laws of the State of Washington, USA, without reference to its laws relating to conflicts of law. Venue for all disputes arising under this Agreement shall lie exclusively in the Superior Courts of the State of Washington in King County or the Federal District Courts of the Western District of Washington (as permitted by law) and each party agrees not to contest the personal jurisdiction of these courts. Notwithstanding the foregoing, however, the Company shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-U.S. court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of the Company, such action is necessary or desirable.
If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use and the Privacy Policy constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this Site will govern the items to which they pertain. Company may revise these Terms of Use at any time by updating this posting.

In the event that your credit card is not honored for whatever reason (which sometimes happens) we will resubmit this transaction in smaller multiple amounts as necessary to complete payment.