WaveLink Secure Website Terms of Use
Last Modified: May 2, 2023
Wave.Link Website Terms of Use
- Acceptance of These Terms
Please read these Terms carefully before you start to use this Website. Your use of the Website (as defined below) constitutes your consent to these Terms of Use.
This Agreement is entered into by and between You and Marine Co. Systems, LLC ("Company," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of Wave.Link, including any content, functionality, and services offered on or through Wave.Link (the "Website").
By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://wave.link/policies/privacy-policy, incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, do not access or use this Website.
If you are using this Website on behalf of a company or other organization that you are associated with, you are agreeing to the terms of this agreement both for yourself and for that organization. By doing so, you are confirming that you have the legal authority to legally bind the organization to these terms. Any reference to "you" or "your" in this agreement applies to both the individual user and the organization they represent.
This Website and its services are offered and available to users who 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use this Website.
This Agreement includes a compulsory arbitration clause that necessitates individual arbitration for dispute resolution instead of jury trials, court proceedings, or any form of class actions.
- Changes to the Terms of Use
We may revise and update these Terms of Use at any time at our sole discretion. All changes are effective immediately when posted, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Sec. 17. Governing Law, Jurisdiction, and Arbitration will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Website.
By continuing to use this website after revised Terms of Use have been posted, you are acknowledging and consenting to the modifications. It is your responsibility to review this page every time you access the website to ensure that you are aware of any changes, as they will have a binding effect on you.
- Accessing the Website and Account Security
We reserve right, at our sole discretion and without prior notice, to withdraw or modify this Website, as well as any services or materials offered on the Website. We will not be held responsible if any or all parts of the Website become unavailable at any point in time, for any duration or reason. We may, periodically, limit access to certain sections or the entire Website to users, including registered users.
You are responsible for making any and all arrangements required for you to access the Website. Additionally, you must ensure that any individual who accesses the Website through your internet connection is fully aware of these Terms of Use and complies with them.
In order to access the Website and some of its resources, you may be required to provide specific registration details or other relevant information. It is mandatory, as a condition of using the Website, that all information provided by you on the Website is accurate, current, and complete. Providing any false or incomplete information is a violation of these Terms of Use. By registering for an account with this Website or providing any information to us, including signing up for our newsletter or contacting us through our "Contact Us" page, you acknowledge that our Privacy Policy governs all information you provide, and you consent to all actions we take in relation to your information, consistent with our Privacy Policy.
If you opt to use, or are given, a username, password, or any other confidential information as part of our security measures, you must treat such information as private and not share it with any other person or entity. You acknowledge that your account is exclusively for your use, and therefore agree not to grant any other individual access to this Website or its parts using your username, password, or other security information. In case of any unauthorized access to or use of your username, password, or any other security breach, you agree to notify us immediately. It is your responsibility to ensure that you log out of your account after each session. When accessing your account from a public or shared computer, you should exercise extreme caution to prevent others from viewing or recording your password or any other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time, in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
- Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
- Your computer may store copies of the materials in RAM temporarily as part of your accessing and viewing of the materials.
- Your web browser may automatically store files in its cache for the purpose of enhancing display.
- You may print or download one copy of a reasonable number of pages from the Website for your own personal, non-commercial use. Further reproduction, publication, or distribution is strictly prohibited.
- If we make available desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device for your personal, non-commercial use only, provided that you agree to be bound by our end user license agreement for such applications.
You must not:
- Modify copies of any materials from this site.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
If you wish to make any use of material on the Website other than that set out in this section, please address your request to: support@wave.link.
If you violate the Terms of Use by printing, copying, modifying, downloading, or providing access to any part of the Website without authorization, your right to use the Website will be terminated immediately. At our discretion, you will be required to either return or destroy any copies of the materials you have made. You acknowledge that you do not acquire any right, title, or interest in or to the Website or any content on the Website, and that all rights not expressly granted to you are reserved by the Company. Any use of the Website that is not expressly permitted by these Terms of Use constitutes a breach of these Terms of Use and may violate copyright, trademark, and other applicable laws.
- Trademarks
The Company name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
- Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use. The following are important restrictions on the use of the Website with which you must comply.
- You must not use the Website in a way that violates any applicable laws or regulations, including those related to exporting data or software to and from the US or other countries.
- You must not send, receive, upload, download, use, or reuse any material that does not comply with the Content Standards specified in these Terms of Use.
- You must not send any unsolicited advertising or promotional material (such as junk mail or spam) using any of the services on the Website.
- You must not impersonate the Company, a Company employee, another user, or any other person or entity, including by using email addresses or screen names associated with the Company, whether real or fictitious.
- You must not engage in any conduct that could restrict or inhibit anyone else's use or enjoyment of the Website, harm the Company or other users of the Website, or expose them to liability.
- You agree not to use the Website in any way that could disable, overburden, damage, or impair the site, or interfere with any other party's use of the Website, including their ability to engage in real-time activities through the Website.
- You must not use any automatic means (such as robots, spiders, or scrapers) to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- You must not use any manual process to monitor or copy any material on the Website, or for any other purpose not explicitly authorized in these Terms of Use, without our prior written consent.
- You must not use any device, software, or routine that interferes with the proper functioning of the Website.
- You must not introduce any viruses, Trojan horses, worms, logic bombs, or other malicious or harmful material to the Website.
- You must not attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
- You must not attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- You must not attempt to interfere with the proper functioning of the Website in any other way.
We take these prohibitions seriously and may take action to enforce them, including, without limitation, terminating your access to the Website and blocking your internet protocol (IP) address. We reserve the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the website.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
- Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
- Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
- Information About You and Your Visits to the Website
All information we collect on this Website is subject to our Privacy Policy, By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
- Online Purchases and Other Terms and Conditions
All purchases through our site or other transactions for the sale of goods or services formed through the Website, or resulting from visits made by you, are governed by our Terms and Conditions for Online Sales, which are hereby incorporated into these Terms of Use.
- Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this Website.
- Send emails or other communications with certain content, or links to certain content, on this Website.
- Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
The utilization of the Website's features is limited to their provided functionality and is restricted to the content with which they are associated. Any additional terms and conditions related to these features must be adhered to. Subject to the foregoing, you must not:
- Establish a link from any non-social media website that is not owned by you.
- Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
- Link to any part of the Website other than the homepage.
- Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We reserve the right to disable all or any social media features and any links at any time without notice in our discretion.
- Links from the Website
This Website may include hyperlinks to other sites and resources which are furnished by third parties for your convenience. Such links may also include those contained within advertisements, such as banner advertisements and sponsored links. We do not have command over the substance of those sites or resources, and disclaim all responsibility and liability for any loss or damage that may arise from your utilization of them. In the event that you choose to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
- Geographic Restrictions
The owner of the Website is based in the State of Alabama in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
- Disclaimer of Warranties
No website or computer program is 100% safe. You hereby acknowledge that we cannot provide a guarantee or warranty that files available for download from the internet or the Website will be free of viruses or other destructive code. You acknowledge that it is your responsibility to implement sufficient procedures and checkpoints to meet your specific requirements for anti-virus protection and accuracy of data input and output. Additionally, it is your responsibility to maintain a means external to our site for any reconstruction of any lost data. TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, WE SHALL NOT BE HELD LIABLE FOR ANY LOSSES OR DAMAGES ARISING FROM A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR ANY OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR ANY OTHER PROPRIETARY MATERIAL RESULTING FROM YOUR USE OF THE WEBSITE, ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, OR FROM DOWNLOADING ANY MATERIAL POSTED ON IT OR ON ANY WEBSITE LINKED TO IT.
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY EXPLICITLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- Limitation on Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, PROPERTY DAMAGE, LOSS OF REVENUE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES IN ANY AMOUNT THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE PRODUCT.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
YOU USE AND RELY UPON THE PRODUCTS AND SERVICES AT YOUR OWN RISK.
THE LIMITATION OF LIABILITY DESCRIBED ABOVE SHALL APPLY FULLY TO RESIDENTS OF NEW JERSEY. IF ANY PORTION OF THIS SECTION IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
THE COMPANY IS NOT RESPONSIBLE FOR ANY INTERRUPTIONS OR DELAYS TO ITS PRODUCTS AND SERVICES CAUSED BY FORCE MAJEURE OR OTHER EVENTS OUTSIDE OF ITS CONTROL. THESE EVENTS INCLUDE, BUT ARE NOT LIMITED TO, WAR, FIRE, FLOOD, EXTREME WEATHER, ACCIDENTS, EXPLOSIONS, ACTS OF TERRORISM, GOVERNMENTAL ORDERS, REGULATIONS, RESTRICTIONS OR PRIORITIES, STRIKES, LOCKOUTS OR OTHER LABOR TROUBLES OR DISRUPTIONS, CYBER EVENTS, CIVIL DISORDER, NATURAL DISASTERS (INCLUDING, WITHOUT LIMITATION, FIRES, FLOODS, EARTHQUAKES, AND SEVERE WEATHER), PUBLIC HEALTH EPIDEMICS, DESTRUCTION OF NETWORK FACILITIES OR TRANSPORTATION INFRASTRUCTURE, OR ANY OTHER CAUSE BEYOND THE ABSOLUTE CONTROL OF THE COMPANY FOR THE DURATION OF AN INTERRUPTION.
- Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.
- Governing Law, Jurisdiction, and Arbitration
The terms of this Agreement are governed by the laws of the United States (including federal arbitration law) and the State of Alabama, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. You agree to exclusive jurisdiction of the federal and state courts located in Jefferson County, Alabama, U.S.A., and waive any jurisdictional, venue or inconvenient forum objections to such courts.
Except for disputes that qualify for small claims court, all disputes arising out of or related to this Agreement or any aspect of the relationship between you and the Company, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury and you agree that the Company and you are each waiving the right to trial by a jury. Such disputes include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability or validity of the arbitration provision or any portion of the arbitration provision. All such matters shall be decided by an arbitrator and not by a court or judge.
You agree that any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted and you are agreeing to give up the ability to participate in a class action.
The parties agree that any disputes arising out of or relating to this Agreement shall be resolved through binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules, as amended by this Agreement. The AAA Consumer Arbitration Rules: https://www.adr.org/sites/default/files/Consumer%20Rules.pdf. The arbitrator shall conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by either party that an in-person hearing is appropriate. Any in-person appearances shall be held at a location that is reasonably convenient to both parties, with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the AAA or the arbitrator shall make such determination. The arbitrator's decision shall follow the terms of this Agreement and shall be final and binding. The arbitrator shall have the authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement shall preclude either party from bringing issues to the attention of federal, state or local agencies, and, if the law allows, seeking relief against the other party.
- Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
- Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
- Entire Agreement
The Terms of Use, our website Privacy Policy, and the Terms and Conditions for Online Sales constitute the sole and entire agreement between you and the Company regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
- Information or Complaints
If you have a question or complaint regarding the Services, please contact us:
- Via email: support@wave.link.
- Or through the “Contact Us” tab on our Website: https://wave.link/pages/contact-us.
We will never ask you for credit card information via email. Please do not include credit card or other sensitive financial information in your emails to us.