1. TERMS; ACCEPTANCE
We reserve the right to make changes at any time to the Energy Wave Worldwide Sites, these Terms, our policies, and/or terms applicable to a service, registration, sign up, opt-in, or download. We will notify you of any material changes to the Terms by posting the new Terms on the Energy Wave Worldwide Sites. Please consult these Terms regularly for any changes. The date of the last revision appears at the top of the Terms. Your use of the Energy Wave Worldwide Sites following any changes to the Terms will signify your acceptance of the revised terms.
3. ACCESS TO AND USE OF THE ENERGY WAVE WORLDWIDE SITES
Subject to these Terms, Energy Wave Worldwide grants you a limited license to access and use the Energy Wave Worldwide Sites for your personal, non-commercial use. However, except as otherwise provided in these Terms, the contents of the Energy Wave Worldwide Sites is owned by or licensed to Energy Wave Worldwide, and protected by various intellectual property and other laws. Consequently, without our express written consent, you may not download (other than through page caching) or modify an Energy Wave Worldwide Site or any portion thereof, or reproduce, distribute, duplicate, copy, display, sell, mirror, or otherwise exploit the Energy Wave Worldwide Sites or any portion thereof. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of Energy Wave Worldwide.com so long as the link does not portray Energy Wave Worldwide or Energy Wave Worldwide.com in a false, misleading, derogatory, or otherwise offensive matter. You may not use any meta-tags or any other "hidden text" utilizing Energy Wave Worldwide or Energy Wave Worldwide's name or trademarks to reference the Energy Wave Worldwide Sites without our express written consent. You may not use disguised referrals to link to any Energy Wave Worldwide Site. Without our prior written consent, you may not exploit the Energy Wave Worldwide Sites or any content appearing therein for commercial purposes. If you are under age 13, you may use the Energy Wave Worldwide Sites only with the involvement of a parent or guardian. Any unauthorized use of the Energy Wave Worldwide Sites or use in violation of these Terms terminates this limited license.
4. REVIEWS AND COMMENTS; PROHIBITED CONDUCT; NO OBLIGATION FOR ENERGY WAVE WORLDWIDE TO MONITOR; ELECTRONIC COMMUNICATIONS
The content you post may not be illegal, obscene, offensive, racist, sexist, hateful, threatening, defamatory, libelous, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable to Energy Wave Worldwide in its sole discretion, and shall not consist of or contain software viruses, political campaigning, commercial solicitation, advertisements, chain letters, mass mailings, or any form of "spam."
Energy Wave Worldwide takes no responsibility and assumes no liability for any content posted by you or any third party. Energy Wave Worldwide may monitor, review or edit such content you or others post or submit, but is not obligated to do so.
When you visit an Energy Wave Worldwide Site or send e-mails to us, you are communicating with us electronically and therefore consent to receive communications from us electronically. We may communicate with you by e-mail or by posting notices on the Energy Wave Worldwide Sites. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
We attempt to be as accurate as possible in the descriptions of our products and support services. However, we do not warrant that any product and/or support descriptions or other content on the Energy Wave Worldwide Sites is accurate, complete, reliable, current, or error-free. If you purchase an Energy Wave Worldwide product either through Energy Wave Worldwide.com or through an authorized retailer, and you believe it is not as described on the Energy Wave Worldwide Sites, your sole remedy is to return the product in accordance with our Return Policy.
No compensation, replacement or refund will be given for damaged or defaced products. Energy Wave Worldwide will not be responsible for any lost or stolen purchase during delivery. Energy Wave Worldewide's terms of sales and returns applies to call returns and/or cancellations.
To obtain access to certain features or promotions on the Energy Wave Worldwide Sites, at your option you can register for an account. If you register, you are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or password, and to notify Energy Wave Worldwide immediately of any unauthorized use. Energy Wave Worldwide reserves the right to refuse service or terminate accounts if you fail to adhere to these Terms or any additional terms that may apply to these services, at Energy Wave Worldwide's reasonable discretion.
We take reasonable precautions to ensure the safety and integrity of any content we make available for you to download. However, the use of downloaded software or other materials from the Energy Wave Worldwide Sites is entirely at your own discretion and risk. You are solely responsible for any damage to your computer system; mobile; handheld or portable device or any loss of data that results from use of any such download. We assume no liability whatsoever for any viruses, Trojan horses, malicious adware, spyware, or other potentially harmful components arising out of or in connection with a download from the Energy Wave Worldwide Sites. Additionally, we cannot be made responsible, under any circumstances or to any extent, for any software or material pertaining to Energy Wave Worldwide or its products, which is downloaded from sites or sources outside the Energy Wave Worldwide Sites.
Energy Wave Worldwide provides customer support services ("Support Services") in accordance with these Terms. Energy Wave Worldwide will use commercially reasonable efforts to provide the Support Services in a professional manner but cannot guarantee that every question or problem raised by you can or will be resolved.
7. INTELLECTUAL PROPERTY MATTERS
All content included on the Energy Wave Worldwide Sites, such as text, graphics, logos, button icons, images, and software, and the compilation thereof are, unless otherwise stated, the property of Energy Wave Worldwide and/or its licensors and protected by United States and international copyright laws and other laws and regulations. All software and other materials available for download from the Energy Wave Worldwide Sites are, unless otherwise stated, the property of Energy Wave Worldwide and protected by United States and international copyright laws. By downloading content from the Energy Wave Worldwide Sites, you hereby agree to use the content only for the intended or stated purpose, and not to make any reproductions, modifications or alterations to the content in any way whatsoever.
"Energy Wave Worldwide", the infinity loop Logo, the names of Energy Wave Worldwide products, and other graphics, logos, page headers, button icons, scripts, and service names may be trademarks, registered trademarks, or trade dress of Energy Wave Worldwide. You may not use the foregoing in any manner that disparages or discredits Energy Wave Worldwide or is likely to cause confusion among customers. You may not use Energy Wave Worldwide's trademarks and/or trade dress in connection with any product or service without our express written consent.
If you have feedback on how we can better improve our services, you are welcome to email our official feedback channel at email@example.com. Any feedback you provide is deemed to be non-confidential and non-proprietary. Energy Wave Worldwide shall be free to use such information on an unrestricted basis.
Outside of the above-mentioned feedback avenue, Energy Wave Worldwide does not accept or consider unsolicited ideas, including (without limitation) ideas for new or improved products or technologies, product enhancements, collaterals, processes, materials, new advertising campaigns, promotions, marketing plans or new product names (each an "**Unsolicited Idea**"). Kindly refrain from sending any Unsolicited Ideas in any form to Energy Wave Worldwide or its employees. This policy is necessary to avoid potential misunderstandings or legal disputes in event of any similarity of Energy Wave Worldwide's products, services or activities to an Unsolicited Idea.
If you decide to relay an Unsolicited Idea despite the above notice, you shall be deemed to agree as follows: (1) the Unsolicited Idea is not confidential or proprietary to yourself or any third party; (2) Energy Wave Worldwide owes neither you nor any third party any obligation (including compensation) in relation to the Unsolicited Idea; (3) Energy Wave Worldwide has full discretion and liberty as to the use, retention or dissemination of the Unsolicited Idea for any purpose and in any manner; and (4) you shall indemnify and hold harmless Energy Wave Worldwide from all liabilities, damages, losses, costs and expenses arising from Energy Wave Worldwide's use of the Unsolicited Idea.
Energy Wave Worldwide respects the intellectual property rights of others. If you believe that your copyrighted work is posted or made available on the Energy Wave Worldwide Sites without your authorization and you claim infringement, then you should provide the following information to us:
1. a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
2. identification of the copyrighted work claimed to have been infringed.
3. identification of the material that is claimed to be infringing or the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Energy Wave Worldwide to locate the material.
4. information reasonably sufficient to permit Energy Wave Worldwide to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
5. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
8. DISCLAIMER OF WARRANTIES
YOUR USE OF THE ENERGY WAVE WORLDWIDE SITES AND ALL CONTENTS THEREON IS AND SHALL BE AT YOUR SOLE RISK. THE ENERGY WAVE WORLDWIDE SITES AND ALL CONTENTS THEREON ARE PROVIDED "AS IS" AND WITHOUT EXPRESS OR IMPLIED WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ENERGY WAVE WORLDWIDE AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE ENERGY WAVE WORLDWIDE SITES, ALL CONTENTS THEREON, AND SUPPORT SERVICES, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. ENERGY WAVE WORLDWIDE MAKES NO WARRANTY AS TO THE ACCURACY OR COMPLETENESS OF THE CONTENTS OF THE ENERGY WAVE WORLDWIDE SITES OR OF SITES LINKED TO THE ENERGY WAVE WORLDWIDE SITES, AND DOES NOT ENDORSE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED BY A THIRD PARTY THROUGH THE ENERGY WAVE WORLDWIDE SITES OR ANY HYPERLINKED WEBSITES. ENERGY WAVE WORLDWIDE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY BUGS, VIRUSES, OR OTHER MALWARE THAT MAY BE TRANSMITTED TO OR THROUGH THE ENERGY WAVE WORLDWIDE SITES, FOR ANY ERRORS, MISTAKES OR INACCURACIES IN CONTENT, OR FOR ANY LOSS OR DAMAGE INCURRED THAT RESULTS FROM THE USE OF ANY CONTENT MADE AVAILABLE IN ANY WAY THROUGH THE ENERGY WAVE WORLDWIDE SITES. SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. LIMITATION OF LIABILITY
IN NO EVENT SHALL ENERGY WAVE WORLDWIDE, THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO OR INABILITY TO ACCESS OR USE THE ENERGY WAVE WORLDWIDE SITES (INCLUDING THE SERVICES AND SUPPORT SERVICES OFFERED ON THE ENERGY WAVE WORLDWIDE SITES OR DOWNLOADABLE MATERIALS), EVEN IF ENERGY WAVE WORLDWIDE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL ENERGY WAVE WORLDWIDE'S LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR A PRODUCT OR SERVICE. The foregoing limitations will apply even if any warranty or remedy provided under this Agreement fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages or other limitations set forth above, so the above limitations or exclusions may not apply to you.
You agree that the laws of Singapore, without regard to principles of conflict of laws, shall govern both these Terms and any dispute that might arise between you and Energy Wave Worldwide in relation to your use of the Energy Wave Worldwide Sites and these Terms.
You also agree that any disputes shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre ("SIAC") in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of one arbitrator. The language of the arbitration shall be English. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise.
If you are a consumer based in the European Union, the preceding paragraph on arbitration does not apply, and you may make a claim in a competent court of the country in which you reside.
These Terms and other legal notices published by Energy Wave Worldwide on the Energy Wave Worldwide Sites applicable to an activity you engage in shall constitute the entire agreement between you and Energy Wave Worldwide concerning the Energy Wave Worldwide Sites. If any of the provisions of these Terms shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any of the remaining provisions of these Terms, which shall continue in full force and effect. No waiver shall be deemed a further or continuing waiver, and Energy Wave Worldwide's failure to assert any right under these Terms shall not constitute a waiver of such right. You agree that any cause of action arising out of or relating to the Energy Wave Worldwide Sites must commence within one (1) year after the cause of action arises, and otherwise is permanently barred. You may not assign or transfer these Terms, but Energy Wave Worldwide may assign these Terms without restriction.
You agree to indemnify, defend and hold Energy Wave Worldwide, its affiliates, officers, directors, employees and agents harmless from and against any loss, cost, damages, liability and expense arising out of or relating to your use of the Energy Wave Worldwide Sites and/or any action by you which violates any law, regulation or rights of a third party.
The Energy Wave Worldwide Sites may contain links to third-party websites. You acknowledge and agree that Energy Wave Worldwide does not control such websites and is not responsible for their contents or policies, and that the links are provided for convenience and do not represent an endorsement by Energy Wave Worldwide of the third-party websites. If you access such websites via the links, you do so at your own risk.
Without prior notice, Energy Wave Worldwide may terminate your license to access the Energy Wave Worldwide Sites and/or your user account if you violate or breach the Terms or for any other reason, including Energy Wave Worldwide's discontinuance of the Energy Wave Worldwide Sites. In the event of termination, provisions on prohibited conduct, electronic communications, user accounts, downloads, user feedback and unsolicited ideas, disclaimer of warranty, limitation of liability, and miscellaneous provisions shall survive.