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Terms and Conditions |
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PLEASE READ THESE
TERMS CAREFULLY BEFORE USING THIS SITE. BY ACCESSING THIS SITE, YOU AGREE TO BE
BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT USE THE
SITE.
“You” or “your” means you personally (i.e., the individual who reads and agrees
to be bound by these terms), and, if you access this Site on behalf of a
corporation or other legal entity (including, but not limited to, a partnership,
LLC or LLP), collectively, you and such corporation or other legal entity on
whose behalf you access the Site.
No charge is made for your use of the Site (unless otherwise stated), although
you should be aware that charges for Internet use may apply at rates determined
by your provider. Infowaves reserves the right to change the products, services,
prices, and programs mentioned in this Site, at any time, at its sole
discretion.
Further, your use of this Site is subject to those additional terms and
conditions provided by Infowaves and, subject to Infowaves's sole discretion,
applicable to certain information, products, and services offerings available
through this Site. Such additional terms and conditions include, but are not
limited to, license agreements, supplementary user agreements, and the Privacy
Policy and Consent for Linking (collectively, "Additional Terms"). The
Additional Terms are hereby incorporated by reference into these Terms (if there
is any conflict between the Additional Terms and these Terms, the Additional
Terms shall prevail with respect to the subject matter of such Additional
Terms).
Infowaves reserves the right to change these Terms, and provide you with notice
of such change by posting the revised draft of the Terms on the Site or by other
reasonable means selected by us.Your continued use of the Site after such changes will indicate your acceptance
of such changes.
Infowaves further reserves the right to seek all remedies available by law and
in equity for any violation of these Terms. Any rights not expressly granted
herein are reserved by Infowaves.
1. Eligibility. If you are using this Site on behalf
of a corporation or other legal entity, you represent that you are authorized to
accept these terms and conditions on behalf of such corporation or other legal
entity. Further, you acknowledge that you are 13 years of age or older, and, if
under the age of 18, are using this Site under the active supervision of a
parent, legal guardian, or other responsible adult. Individuals who are under
the age of majority in their jurisdiction are not allowed to use this Site or
transmit or otherwise submit personally identifiable information to Infowaves.
2. Terms Applicable
to Corporations. The following
terms and conditions apply specifically to any corporation or other legal entity
that is subject to these Terms: You agree to require each of your employees to
be bound by the terms and conditions of these Terms and you agree to remain
responsible and liable for all acts and omissions of your employees in
connection with the Site, including any breaches of these Terms. All references
to your access and/or use of the Site herein include access and/or use of the
Site by your employees. You agree that each of your employees is responsible for
maintaining the confidentiality of any password that such employee may use to
access the Site, and you agree not to let any employee transfer a password or
user name, or lend or otherwise transfer use of or access to the Site, to other
employees or any third party. If an employee leaves your employ, or if you wish
to disable an employee’s access to the Site, you are responsible for any such
changes. You are fully responsible for all interaction with the Site that occurs
in connection with passwords or user names associated with your employees
(including any former employees).
3. INDIA.-Based
Website. The Site is
controlled and operated by Infowaves from the INDIA, and, except as expressly
set forth herein, is not intended to subject Infowaves to the laws or
jurisdiction of any state, country or territory other than that of the INDIA.
Infowaves does not represent or warrant that the Site or any part thereof is
appropriate or available for use in any particular jurisdiction other than the
INDIA. In choosing to access the Site, you do so on your own initiative and at
your own risk, and are responsible for complying with all local laws, rules and
regulations. Infowaves may limit the Site's availability, in whole or in part,
to any person, geographic area or jurisdiction Infowaves chooses, at any time
and in Infowaves’s sole discretion.
4. Information
Submitted Through the Site. Your submission of information through the
Site is governed by Infowaves's Privacy Policy. You represent and warrant that
any information that you provide in connection with your use of the Site is and
shall remain true, accurate, and complete, and that you will maintain and update
such information regularly. You agree that if any information that you provide
is or becomes false, inaccurate, obsolete or incomplete, Infowaves may terminate
your use of the Site.
5. Registration; User Names and Passwords. You may be
required to register with Infowaves in order to access certain areas of the
Site. With respect to any such registration, Infowaves may refuse to grant you,
and you may not use, a user name (or e-mail address) that is already being used
by someone else; that may be construed as impersonating another person; that
belongs to another person; that personally identifies you; that violates the
intellectual property or other rights of any person; that is offensive; or that
Infowaves rejects for any other reason in Infowaves’s sole discretion.
Your user name and password are for your personal use only, and not for use by
any other person. You are responsible for maintaining the confidentiality of any
password you may use to access the Site, and agree not to transfer your password
or user name, or lend or otherwise transfer your use of or access to the Site,
to any third party. You are fully responsible for all interaction with the Site
that occurs in connection with your password or user name. You agree to notify
Infowaves immediately of any unauthorized use of your password or user name or
any other breach of security related to your account or the Site, and to ensure
that you “log off”/exit from your account with the Site (if applicable) at the
end of each session. Infowaves is not liable for any loss or damage arising from
your failure to comply with any of the foregoing obligations.
6. Purchases. If you wish to purchase our products
and services, for your convenience, we may provide links on the Site to a web
store where you can make such purchases. Please be aware that the web store may
be hosted on the Site or on a sub-domain of the Site, but is operated by a third
party, and is governed by such third party’s website terms and conditions, not
by these Terms and for which Infowaves is in no way responsible or liable. We
encourage you to read the terms and conditions of the web store prior to making
any purchases. These Terms do not govern, and we are not responsible or liable
for, your interaction with such web store. Please see Section 12 below for more
information on links provided on the Site.
7. Software. Any software that is made available to
download by or through this Site ("Software") is the copyrighted work of
Infowaves, its suppliers and/or its licensors. Use of the Software may be
governed by the terms of the end user license agreement or other agreement
applicable to the Software (each, a “License Agreement”). You may not install
any Software that is accompanied by or includes a License Agreement unless you
have agreed to the applicable License Agreement terms.
The Software is made available for downloading solely for use by end users in
accordance with the License Agreement and/or these Terms. Except to the extent
expressly permitted in any applicable License Agreement, or expressly authorized
under applicable law overriding any of the following restrictions, you agree
that you will not sell, lease, lend, convey, transmit, modify, adapt, translate,
prepare derivative works from, decompile, reverse engineer, disassemble or
attempt to derive source code from the Software.
Any reproduction, redistribution or other use or exploitation of the Software
not in accordance with the License Agreement and/or these Terms is expressly
prohibited by law, and may result in civil and criminal penalties. Violators
will be prosecuted to the maximum extent permitted under law and equity.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY
OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY
PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY
ANY LICENSE AGREEMENT
8. Proprietary
Rights. The information and
materials made available through the Site, including the Software, are and shall
remain the property of Infowaves, its subsidiaries, affiliates, licensors and/or
suppliers, and are protected by copyright, trademark, patent, and/or other
proprietary rights and laws. Subject to your compliance with these Terms, solely
for so long as you are permitted by Infowaves to access and use the Site, and
provided that you keep intact all copyright and other proprietary notices, you
may (a) view any content on the Site to which we provide you access hereunder on
any single computer solely for personal, informational, non-commercial purposes,
and (b) download and print one (1) copy of materials that Infowaves specifically
makes available for downloading (such as white papers) (the "Documents") from
this Site solely for personal, informational, non-commercial purposes, provided
that the Documents may not be modified or altered in any way. You may not use,
download, upload, copy, print, display, perform, reproduce, publish, license,
post, transmit, rent, lease, modify, loan, sell, distribute, or create
derivative works based (whether in whole or in part) on, the Site or any
information from this Site, in whole or in part, without the express prior
written authorization of Infowaves. Elements of the Site are protected by
copyright, trade dress, trademark, unfair competition, and/or other laws and may
not be copied or imitated in whole or in part. No logo, graphic, sound, or image
from the Site may be copied or retransmitted unless expressly permitted in
writing by Infowaves. Nothing contained on the Site should be construed as
granting, by implication, estoppel or otherwise, any license or right to use any
of Infowaves’s or its affiliates’ or suppliers’ trade names, trademarks or
service marks without Infowaves’s express prior written consent.
9. Disclaimer of
Warranties. INFOWAVES AND/OR
ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, SUPPLIERS AND LICENSORS AND ITS AND
THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES MAKE NO
REPRESENTATIONS ABOUT THE SITE, ANY PRODUCTS AND SERVICES CONTAINED ON THE SITE
OR THE SUITABILITY OF THE INFORMATION CONTAINED IN THE MATERIALS, INFORMATION,
CONTENT, DOCUMENTS, AND RELATED GRAPHICS PUBLISHED ON THIS SITE FOR ANY PURPOSE.
THE SITE, ANY PRODUCTS OR SERVICES (INCLUDING WITHOUT LIMITATION, THIRD PARTY
PRODUCTS AND SERVICES) OBTAINED THROUGH THE SITE, AND ALL SUCH INFORMATION,
CONTENT, DOCUMENTS, AND RELATED GRAPHICS ARE PROVIDED FOR YOUR USE AT YOUR OWN
RISK AND "AS IS" WITHOUT WARRANTY OF ANY KIND. INFOWAVES AND/OR ITS RESPECTIVE
SUBSIDIARIES, AFFILIATES, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES
AND CONDITIONS WITH REGARD TO THIS SITE, SUCH PRODUCTS AND SERVICES AND SUCH
INFORMATION, CONTENT, DOCUMENTS, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, AND NON-INFRINGEMENT.
PLEASE NOTE THAT THE LICENSE AGREEMENT APPLICABLE TO ANY SOFTWARE AVAILABLE
THROUGH THE SITE MAY CONTAIN EXPRESS (BUT NOT IMPLIED) WARRANTIES APPLICABLE TO
SOFTWARE, WHICH WILL GOVERN THAT PARTICULAR SOFTWARE. EXCEPT AS EXPRESSLY
WARRANTED BY INFOWAVES IN SUCH LICENSE AGREEMENT, THE SOFTWARE IS GOVERNED BY
THE DISCLAIMER OF WARRANTIES SET FORTH IN THE PREVIOUS PARAGRAPH OF THIS SECTION
10.
10. Limitation of
Liability. IN NO EVENT SHALL
INFOWAVES AND/OR ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, SUPPLIERS AND
LICENSORS AND ITS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND
REPRESENTATIVES BE LIABLE FOR ANY SPECIAL, INDIRECT, EXEMPLARY, INCIDENTAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS
OF USE, DATA, OR PROFITS, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF
INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, OR
UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, WHETHER IN
AN ACTION OF EQUITY, CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT
OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE, ANY PRODUCTS AND
SERVICES AVAILABLE THROUGH THE SITE, ANY SOFTWARE, INFORMATION, CONTENT,
DOCUMENTS, RELATED GRAPHICS, PROVISION OF OR FAILURE TO PROVIDE SERVICES
AVAILABLE FROM OR THROUGH THIS SITE, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES
OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, INFOWAVES AND/OR ITS
RESPECTIVE SUBSIDIARIES, AFFILIATES, SUPPLIERS AND LICENSORS AND ITS AND THEIR
DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES WILL NOT BE LIABLE
FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE
OR FROM ANY SOFTWARE AND/OR OTHER CONTENT POSTED ON THE SITE BY INFOWAVES OR ANY
THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS
TO STOP USING THE SITE. THE MAXIMUM LIABILITY OF INFOWAVES FOR ALL DAMAGES,
LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT
LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY
YOU TO INFOWAVES TO ACCESS AND USE THE SITE.
THE SITE, THE PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITE AND THE
INFORMATION, CONTENT, SOFTWARE, DOCUMENTS, AND RELATED GRAPHICS PUBLISHED ON
THIS SITE COULD INCLUDE TECHNICAL INACCURACIES, ERRORS, OR OMISSIONS. CHANGES
MAY BE PERIODICALLY ADDED TO THE INFORMATION HEREIN. INFOWAVES AND/OR ITS
RESPECTIVE SUBSIDIARIES, AFFILIATES, SUPPLIERS AND LICENSORS MAY, BUT ARE NOT
OBLIGATED TO, MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE, THE PRODUCTS AND
SERVICES AVAILABLE THROUGH THE SITE AND THE INFORMATION, SERVICE(S), SOFTWARE,
PRODUCT(S), AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
NOTHING IN THIS SECTION 10 SHALL LIMIT INFOWAVES'S LIABILITY TO YOU IN THE EVENT
OF DEATH OR PERSONAL INJURY RESULTING FROM INFOWAVES'S PROVEN NEGLIGENCE, OR
FRAUDULENT MISREPRESENTATION, OR CONCEALMENT, OR FOR ANY OTHER LIABILITY WHICH
CANNOT BE EXCLUDED BY APPLICABLE LAWS.
11. Claims of
Copyright Infringement. If you
believe in good faith that materials available on the Site infringe your
copyright, you (or your agent) may send Infowaves a notice requesting that
Infowaves remove the material or block access to it. If you believe in good
faith that someone has wrongly filed a notice of copyright infringement against
you send Infowaves a counter-notice. Notices and counter-notices should be sent
to:
Infowaves #2949,
Matarani Road, Opp. Gurudwara Singh Sabha,
Ropar, Punjab, India.
Pincode:140001
Infowaves suggests that you consult your legal advisor before filing a notice or
counter-notice.
12. Links. THE LINKS IN THIS SITE WILL LET YOU
LEAVE INFOWAVES'S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF INFOWAVES
AND INFOWAVES IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK
CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. INFOWAVES
IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED
FROM ANY LINKED SITE. INFOWAVES IS PROVIDING THESE LINKS TO YOU ONLY AS A
CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY
INFOWAVES OF ANY LINKED SITES. YOU AGREE THAT YOUR USE OF THIRD PARTY WEBSITES
AND RESOURCES, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT,
INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE
THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE
TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
13. Rules of Conduct. While using the Site you will comply
with all applicable laws, rules and regulations. In addition, Infowaves expects
users of the Site to respect the rights and dignity of others. Your use of the
Site is conditioned on your compliance with the rules of conduct set forth in
this section; any failure to comply may also result in termination of your
access to the Site pursuant to Section 19 below. You agree that you will not:
§ Post, transmit, or otherwise make available, through or in connection with the
Site:
§ Anything that is or may be (a) threatening, harassing, degrading or hateful;
(b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent or otherwise
objectionable; or (e) protected by copyright, trademark or other proprietary
right without the express prior consent of the owner of such right.
§ Any material that would give rise to criminal or civil liability or that
encourages conduct that constitutes a criminal offense.
§ Any virus, worm, Trojan horse or other computer code, file, or program that is
harmful or invasive or may or is intended to damage or hijack the operation of
any hardware or software.
§ Any unsolicited or unauthorized advertising, promotional materials, “junk
mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or
any other form of solicitation.
§ Use the Site for any fraudulent or unlawful purpose.
§ Harvest or collect personally identifiable information about other users of
the Site.
§ Impersonate any person or entity, including any representative of Infowaves or
its affiliates; falsely state or otherwise misrepresent your affiliation with
any person or entity; or express or imply that Infowaves endorses any statement
you make.
§ Interfere with or disrupt the operation of the Site or the servers or networks
used to make the Site available; or violate any requirements, procedures,
policies or regulations of such networks.
§ Restrict or inhibit any other person from using the Site (including by hacking
or defacing any portion of the Site).
§ Use the Site to advertise or offer to sell or buy any goods or services
without Infowaves's express prior written consent.
§ Reproduce, duplicate, copy, sell, resell or otherwise exploit for any
commercial purposes, any portion of, use of, or access to the Site (including
any content, Software and other materials available through the Site).
§ Modify, adapt, translate, reverse engineer, decompile or disassemble any
portion of the Site (including any content, Software and other materials
available through the Site), except as and solely to the extent expressly
authorized under applicable law overriding any of these restrictions.
§ Remove any copyright, trademark or other proprietary rights notice from the
Site or content, Software and other materials originating from the Site.
§ Frame or mirror any part of the Site without Infowaves's express prior written
consent.
§ Create a database by systematically downloading and storing all or any Site
content.
§ Use any robot, spider, site search/retrieval application or other manual or
automatic device to retrieve, index, “scrape,” “data mine” or in any way
reproduce or circumvent the navigational structure or presentation of the Site,
without Infowaves’s express prior, written consent.
14. Forums. "Forum" means a discussion group, chat
area, bulletin board, news group, feedback, letter to Infowaves, its webmaster
or employees, e-mail function or other interactive functionality offered as part
of this Site.
Information on Infowaves’s Forums may be provided by Infowaves and by third
party users of the Site. Please note that Site users may post messages or make
statements in the Forums that are inaccurate, misleading or deceptive.
Infowaves, its affiliates and their respective employees, officers, directors,
shareholders, affiliates, agents, representatives, suppliers or licensees
neither endorse nor are responsible for any opinion, advice, information or
statements made in the Forums by third parties. Without limitation, Infowaves
and/or its respective subsidiaries, affiliates, suppliers and licensors and its
and their directors, officers, employees, agents and representatives are not
responsible for any information or materials made available through the Forums
(including without limitation errors or omissions in Forum postings or links or
images embedded in Forum messages) or results obtained by using any such
information or materials. Under no circumstances will Infowaves and/or its
respective subsidiaries, affiliates, suppliers and licensors and its and their
directors, officers, employees, agents and representatives, be liable for any
loss or damage caused by your reliance on such information or materials. The
opinions expressed in the Forums reflect solely the opinions of the individuals
who submitted such opinions, and may not reflect the opinions of Infowaves
and/or its respective subsidiaries, affiliates, suppliers and licensors and its
and their directors, officers, employees, agents and representatives.
In addition, Infowaves and/or its respective subsidiaries, affiliates, suppliers
and licensors and its and their directors, officers, employees, agents and
representatives have no control over, and shall have no liability for, any
damages resulting from, the use (including without limitation republication) or
misuse by any third party of information voluntarily made public through any
Forum or any other part of the Site. IF YOU CHOOSE TO MAKE ANY OF YOUR
PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE IN A FORUM OR
OTHERWISE ON THE SITE, YOU DO SO AT YOUR OWN RISK.
15. License. By uploading, emailing, posting,
publishing or otherwise transmitting content to any Forum or submitting any
content to Infowaves (each, a “Submission”), you acknowledge that such
Submission is non-confidential and automatically grant (or warrant that the
owner of such rights has expressly granted) Infowaves a perpetual, royalty-free,
fully paid-up, irrevocable, nonexclusive, sublicenseable (through multiple
tiers) right and license to use, reproduce, modify, adapt, publish, perform and
display (whether publicly or otherwise), transmit and distribute such Submission
in any form, medium, or technology now known or later developed. In addition,
you warrant that all so-called moral rights in the content have been waived. For
each Submission, you represent and warrant that you have all rights necessary
for you to grant the licenses granted in this section, and that such Submission,
and your provision thereof to and through the Site, comply with all applicable
laws, rules and regulations.
16. Monitoring. You acknowledge and agree that
Infowaves reserves the right (but has no obligation) to do one or more of the
following in Infowaves’s discretion: (i) monitor Submissions as well as access
to the Site; (ii) alter, remove, or refuse to post or allow to be posted any
Submission; and/or (iii) disclose any Submissions, and the circumstances
surrounding their transmission, to any third party in order to operate the Site;
to protect Infowaves, its affiliates and their respective employees, officers,
directors, shareholders, affiliates, agents, representatives, suppliers or
licensees, and the Site's users and visitors; to comply with legal obligations
or governmental requests; to enforce these Terms; or for any other reason or
purpose. Infowaves disclaims any responsibility for content submitted by users
on or through any area of the Site.
17. Rules for
Sweepstakes, Contests, Raffles and Similar Promotions. In addition to the terms and
conditions of these Terms, any sweepstakes, contests, raffles or similar
promotions (collectively, "Promotions") made available through the Site may be
governed by specific rules that are separate from these Terms. By participating
in any such Promotion, you will become subject to those rules, which may vary
from the terms and conditions set forth herein. Infowaves urges you to review
any specific rules applicable to a particular Promotion, which will be linked
from such Promotion, and to review Infowaves’s Privacy Policy which, in addition
to these Terms, governs any information you submit in connection with such
activities. To the extent that the terms and conditions of such rules conflict
with these Terms, the terms and conditions of such rules shall control.
18. Termination. You agree that Infowaves may, in its
sole discretion, at any time for any reason or no reason, terminate your access
to this Site and any account(s) you may have in connection with this Site,
including if Infowaves believes that you have violated or acted inconsistently
with the letter or spirit of these Terms. Upon any such termination, your right
to use the Site will immediately cease. You agree that any termination of your
access to or use of the Site may be effected without prior notice, and that
Infowaves may immediately deactivate or delete your password and user name, and
all related information and files associated with it, and/or bar any further
access to such information or files. You agree that Infowaves, its affiliates
and their respective employees, officers, directors, shareholders, affiliates,
agents, representatives, suppliers or licensees shall not be liable to you or
any third party for any termination of your access to the Site or to any such
information or files, and shall not be required to make such information or
files available to you after any such termination. Sections 2, 3, 8-13, 16 and
19-24 shall survive any expiration or termination of these Terms.
19. Indemnification. You shall defend or settle at your
sole expense any claim or suit, including without limitation any proceeding,
investigation or claim by a self-regulatory organization, state or federal
securities agency or commission, (collectively, an "Action") against Infowaves
and/or each of its affiliates, and their respective employees, officers,
directors, shareholders, affiliates, agents, representatives, suppliers or
licensees (each, an "Indemnitee") to the fullest extent permitted by law arising
out of or in connection with: (1) an assertion that the information, content, or
other materials or services provided or made available by you, or the use
thereof, may infringe any copyright, trademark, or other intellectual property
rights of any individual or entity, or are a misappropriation of any individual
or entity's trade secret, or contain any libelous, defamatory, disparaging,
pornographic, or obscene materials; (2) any breach by you of your obligations
under these Terms; (3) your unlawful and/or unauthorized use of, or activities
in connection with this Site, including the information, content, services,
and/or products provided on the Site; and (4) any Submission provided by you in
a Forum. You shall indemnify and hold harmless the Indemnitee from and against
any and all damages, costs, liabilities, and attorneys' fees incurred in
defending and/or resolving such Action. The foregoing indemnities shall survive
expiration or termination of these Terms.
20. Notices. Notices to Infowaves under these Terms
shall be sufficient only if in writing and transmitted via personal delivery or
delivered by a major commercial rapid delivery courier service or by certified
or registered mail, return receipt requested, to: Infowaves . Notices to you may
be made via posting to the Site, by e-mail, or by regular mail, in Infowaves's
discretion. The Site may also provide notices of changes to these Terms or other
matters by displaying such notices or by providing links to such notices.
Without limitation, you agree that a printed version of these Terms and of any
notice given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to these Terms to the same
extent and subject to the same conditions as other business documents and
records originally generated and maintained in printed form.
21. Miscellaneous. These Terms contain the entire
agreement between you and Infowaves with respect to this Site and supersede all
prior or contemporaneous communications and proposals, whether electronic, oral
or written, between you and Infowaves with respect to this Site. You hereby
acknowledge that you shall have no power or authority to assume or create any
obligation or responsibility on behalf of Infowaves. A party may only waive its
rights under these Terms, by a written document executed by both parties. Any
failure to enforce any provision of these Terms shall not constitute a waiver
thereof or of any other provision hereof. If any provision of these Terms is
found to be unlawful, void or for any reason unenforceable, that provision will
be deemed severable from these Terms and will not affect the validity and
enforceability of any remaining provision. You may not assign, transfer or
sublicense any or all of your rights or obligations under these Terms without
Infowaves’s express prior written consent. No provision of these Terms is
intended for the benefit of any third party, and the parties do not intend that
any provision should be enforceable by a third party. Any heading, caption or
section title contained herein is inserted only as a matter of convenience, and
in no way defines or explains any section or provision hereof. Infowaves will
not be responsible for failures to fulfill any obligations due to causes beyond
its control.
22. Contact
Infowaves. If you have any
questions regarding the meaning or application of these Terms, please direct
such questions to contact@infowaves.us. Please note that e-mail communications
will not necessarily be secure; accordingly you should not include credit card
information or other sensitive information in your e-mail correspondence with
Infowaves.
23. Filtering. Infowaves hereby notifies you that
parental control protections (such as computer hardware, software or filtering
services) are commercially available that may assist you in limiting access to
material that is harmful to minors. Information identifying current providers of
such protections is available on the websites GetNetWise
(http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/).
Please note that Infowaves does not endorse any of the products or services
listed at such sites.
24. Communications. When you visit the Site or send
e-mails to us, you are communicating with us electronically. For contractual
purposes, you consent to receive communications electronically from us and 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. This condition does not affect your statutory
rights.
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