ACCEPTANCE OF TERMS
By using this
web site (the "Site"), you accept all terms, notices and
time by updating this posting, please review it periodically. If
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.
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.
AND PROPRIETARY RIGHTS
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
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:
P.O. Box 51061
Knoxville, TN 37950
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.
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.
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.
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.
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.
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
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.
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.