ACCEPTANCE OF TERMS THROUGH USE

By using this web site (the "Site"), you accept all terms, notices and conditions contained or referenced herein (the "Terms of Use"). WaveOp, at its discretion, may revise these Terms of Use at any time by updating this posting, please review it periodically. If you do not agree to the Terms of Use, please do not use this web site.

LINKS TO THIRD PARTY SITES

WaveOp may link to web sites and online content created by third parties which are not under the control or endorsement of WaveOp. These sites may contain information or material that some visitors may find either offensive or inappropriate. WaveOp makes no guarantees over the accuracy, legality, decency, or any other aspect concerning the content of such sites.

USER CONTRIBUTIONS

By transferring content such as, but not limited to, support questions, comments, and multimedia to the Site, you grant WaveOp the right to use, reproduce, display, modify, disclose, distribute and promote the content for any purpose on any medium. By submitting material to the Site, you warrant and represent that the work you submit is either original or its rights are controlled entirely by you and that the display and use of your content by WaveOp will not infringe on the rights of any other party.

TRADEMARKS AND PROPRIETARY RIGHTS

WaveOp, logos, icons, product names, the content and materials on the Site are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may electronically save to your computer or print the pages found within the Site for personal noncommercial use granted the content is unmodified and the copyright and trademark notices remain intact. You may distribute the installation files found within the Site granted the installation files are not modified in any way and no monetary profits result from distribution of the installation files.


FOR CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe your work has been copied and is either being displayed in a manner inconsistent with fair use or infringing on your rights, please contact WaveOp at:

Copyright Claims
WaveOp
P.O. Box 51061
Knoxville, TN 37950

Please include the following information: name, address, telephone number, and email address of the copyright owner or authorized representative; the location or URL where the material you claim is infringing upon your rights; location or source of the original copyrighted work.

DISCLAIMER

THE SITE'S CONTENT, INCLUDING BUT NOT LIMITED TO ALL MATERIALS, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN THIS SITE, IS PROVIDED "AS IS" FOR YOUR USE AND PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY. WAVEOP DOES NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME APPLICABLE LAWS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL WAVEOP, ITS SUBSIDIARIES, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WAVEOP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. APPLICABLE LAWS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN SUCH EVENT WAVEOP'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

INDEMNIFICATION

Upon a request by WaveOp, you agree to defend, indemnify, and hold harmless WaveOp and other affiliated compaies, their owners, officers, employees, and contractors from all liabilities, claims, and expenses, including legal fees, that arise from your use or misuse of the Site. WaveOp reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with WaveOp in asserting any available defenses.

INTERNATIONAL USE

WaveOp makes no representation that materials on this site are appropriate or available for use in locations outside the United States, and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws.

APPLICABLE LAWS

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Tennessee, excluding any conflicts of law. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this site shall be filed only in the state or federal courts located in the State of Tennessee, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

SEVERABILITY AND INTEGRATION

This agreement constitutes the entire agreement between you and WaveOp with respect to this site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and WaveOp with respect to this site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

 
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