Terms of Service for WAVE

Who are we?

WAVE ("Company") provides a technology platform that enables users to take full advantage of the best hiring channel: employee referrals("Services").

Introduction

These terms of service govern your use of WAVE's website,[wavestartup.com] (the "Website"); by using the Website, you accept these terms of service (the "Terms of Service") in full and without reservation. If you disagree with the Terms of Service in all or in part, you must not use the Website.

Eligible users

You must be at least 18 (eighteen) years of age to use the Website. By using the Website and by agreeing to the Terms of Service, you warrant and represent that you are at least 18 years of age.

Service availability

WAVE will make best efforts to provide access to the Website seven days a week, twenty-four hours a day.

WAVEMAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE WEBSITE OR SERVICES, OR THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE.

WAVE HAS NO CONTROL OVER THE SERVICES PROVIDED BY THIRD PARTIES AND CANNOT ENSURE THE COMPLETION OF ANY ARRANGED SERVICE.

License to use Website

Unless otherwise stated, Company and/or its licensors are the owner of any materials published or used on the Website from time to time (the "Materials"). Materials may include logos, graphics, videos, images, software and other contents.

The Website is owned and operated by Company.

Subject to any restrictions stated in the Terms of Service, and your compliance with the Terms of Service, Company hereby grants you a limited, personal, non-exclusive and non-transferable license to use the Website solely for your personal use.

You must not:

  • reproduce, duplicate, copy or otherwise exploit any Material for a commercial purpose;
  • republish any Material in neither print nor digital media or documents (including republication on another website or mobile app);
  • sell, rent or sub-license any Material;
  • show any Material in public;
  • edit or otherwise modify any Material;
  • redistribute any Material - except for content specifically and expressly made available for redistribution; or
  • republish or reproduce any part of the Website through the use of iframes or screenscrapers.

Where content is specifically made available for redistribution, it may only be redistributed within your organization.

Acceptable use

You must not use the Website in any way that causes, or may cause, damage to or impairment of the availability of accessibility of the Website or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities on or in relation to the Website without Company's express written consent. This includes:

  • scraping
  • data mining
  • data extraction
  • data harvesting
  • 'framing' (iframes)
  • article 'Spinning'

You must not use this Website or any part of it to transmit or send unsolicited commercial communications.

You must not use this Website for any purposes related to marketing without the express written consent of Company.

You must not attempt to gain unauthorized access to any user accounts or computer systems or networks, through hacking, password mining or any other means. You shall not use any robot, scraper or other means to access the any aspect of our website or equipment for any purpose.

Restricted access

Access to certain areas of the Website is restricted. Company reserves the right to restrict access to certain areas of the Website, or at its discretion, this entire Website. Company may change or modify this policy without notice.

If Company provides you with a user ID and password to enable you to access restricted areas of the Website or other content or services, you must ensure that the user ID and password are kept confidential. You alone are responsible for your password and user ID security and for all activities that occur using your password and user ID.

Company may disable your user ID and password at its sole discretion without notice or explanation.

No Warranties

Company does not promise or guarantee that the information provided in the Website is correct, current, or complete, and furthermore may contain technical inaccuracies or typographical errors. Company does not warrant that the functions contained in the Website will be uninterrupted or error-free, that defects will be corrected, or that the Website made available is free of viruses or other harmful components. You (and not Company) assume the entire cost of all necessary maintenance, repair, or correction. Company assumes no responsibility (and expressly disclaims responsibility) for updating this site to keep information current or to ensure the accuracy or completeness of any posted information.

Limitations of Liability

You agree to indemnify, defend, and hold harmless Company, its officers, directors, employees, managers, shareholders, agents, representatives, and licensors from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of the Terms of Service, and/or resulting from actions or omissions related to your interaction with the Medical Service Providers.

YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION. COMPANY MAKES NO WARRANTY THAT THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES COMPANY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE. THE AGGREGATE LIABILITY OF COMPANY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE WEBSITE IS LIMITED TO THE AMOUNT OF FEES ACTUALLY PAID BY YOU FOR USE OF THE SERVICES.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

Reasonableness

By using the Website, you agree that the exclusions and limitations of liability set out in the Terms of Service are reasonable.

If you do not think they are reasonable, you must not use the Website.

User Submissions and Responsibilities

You will not submit or transmit any material that is unlawful, threatening, libelous, defamatory, obscene, pornographic, profane, or might in any other way violate any law or seek to exploit or harm children. You are solely responsible for any material you submit to us. You represent and warrant that you own or otherwise have rights to use any submitted material; that the same is accurate; and that use of the submitted material will not cause injury to any person or entity.

Harassment Not Tolerated

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a WAVE or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Disclaimer About Materials You Submit

WAVE does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, WAVE is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, WAVE reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark, or other intellectual property right of another, or (d) offensive or otherwise unacceptable to WAVE in its sole discretion.

If you submit information to us or post information or materials to the website, excluding financial information related to purchasing an item, but including any comments, remarks, suggestions, ideas, notes, drawings, graphics, video or other media materials, concepts or other information (collectively, the "Submitted Information"), you are granting a license (additional details below) to the submitted material to WAVE sufficient to display such material on WAVE.

You further agree that content you submit will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant WAVE all of the license rights granted herein.

WAVE does not endorse any content submitted by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and WAVE expressly disclaims any and all liability in connection with this content. WAVE does not permit copyright infringing activities and infringement of intellectual property rights, and WAVE will remove all content if properly notified that such content infringes on another's intellectual property rights. WAVE reserves the right to remove this content without prior notice.

The Services may invite you to chat or participate in blogs, message boards, and other functionality and may provide you with the opportunity to create, submit, post, transmit, publish or distribute Content to the Company or to/via the Services. Any such material you transmit to the Company or otherwise through the Services will be treated as non-confidential and non-proprietary. All comments, feedback, suggestions, ideas, forum posts and other submissions disclosed, submitted or offered to the Company in connection with the use of the Services or otherwise, and any chat, blog, message board, online forum, text, email or other communication with the Company, shall deemed to have been licensed to the Company on a nonexclusive, worldwide, royalty-free, perpetual basis. For more information, see our Privacy Policy.

Copyright Complaints

WAVE does not permit copyright infringing activities and infringement of any other intellectual property rights on the App [and Site], and will remove all Content if properly notified that such Content infringes on another's intellectual property rights. WAVE reserves the right to remove Content without prior notice.

If you are a copyright owner or an agent thereof and believe in good faith that any materials on the App [or Site] infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act by sending the following information in writing to WAVE's designated copyright agent at [insert email address].

  • Your name and electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
  • A description of the copyrighted work that you claim has been infringed. If this notice covers multiple copyrighted works, you may provide a representative list of the copyrighted works that you claim have been infringed;
  • A description of the material that you claim is infringing (or to be the subject of infringing activity) and information reasonably sufficient to permit us to locate the material;
  • Information sufficient to contact you, including your mailing address, telephone number, and, if available, email address;
  • 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;
  • A statement that the information provided in the notice is accurate, and under penalty of perjury, that you are the owner, or agent thereof, of the copyright or of an exclusive right under the copyright that is allegedly infringed; and
  • Your full legal name and your electronic or physical signature.

If you believe that your content that has been removed from the App [or Site] does not infringe or that you have the authorization from the copyright owner, you may send a counter-notice to WAVE. To do so, send the following information to our copyright agent using the contact information set forth above.

  • A description of the material that has been removed and the location at which the content appeared before it was removed;
  • A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content;
  • Information sufficient to contact you, including your mailing address, telephone number, and, if available, email address;
  • A statement that you will consent to the jurisdiction of the federal court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which WAVE may be found;
  • A statement that you will accept service of process from the person who provided the notification of the alleged infringement; and
  • Your full legal name and your electronic or physical signature.

If a counter-notice is received by WAVE's copyright agent, WAVE may send a copy of the counter-notice to the original complaining party informing such person that WAVE may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may, at WAVE's discretion, be reinstated on the Site in 10 to 14 business days or more after receipt of the counter-notice.

Our Intellectual Property

The entire content included in this site, including but not limited to text, graphics, images, illustrations, photographs, text, video, or code, is copyrighted under the United States and other countries' copyright laws, and is the property of WAVE. The collective work includes works that are licensed to WAVE. Copyright 2016, ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with WAVE or purchasing WAVE products.

You may display portions of the material from this site solely for your own non-commercial use. In addition, subject to any expressly stated restrictions or limitations relating to specific material, you may download or print portions of this site solely for your own non-commercial use or to place an order with WAVE. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by WAVE. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

The provisions relating to Copyrights and Trademark shall survive WAVE termination of a user's account and usage privileges.

Use of Trademarks

All trademarks, service marks, trade dress and trade names of WAVE used in the site are trademarks or registered trademarks of WAVE.

Severability

If any provision of the Terms of Service is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Breaches of the Terms of Service

Without prejudice to Company's other rights under the Terms of Service, if you breach the Terms of Service in any way, Company may take such action as Company deems appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.

Changes to Terms of Service

Company may revise the Terms of Service from time-to-time. Revised Terms of Service will apply to the use of the Website from the date of the publication of the revised Terms of Service on the Website. Please check this page regularly to ensure you are familiar with the current version.

Entire agreement

The Terms of Service, together with Company's Privacy Policy ([Insert Link to Privacy Policy]) constitute the entire agreement between you and Company in relation to your use of the Website, and supersede all previous agreements in respect of your use of the Website.

Law and jurisdiction

The Terms of Service will be governed by and construed in accordance with the laws of DELAWARE, USA, and any disputes relating to the Terms of Service will be subject to the exclusive jurisdiction of the courts of DELAWARE, USA.

California Consumer Notice

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The Website is provided by EK LLC, [Insert Company Address and Phone Number]. If you have a question or complaint regarding the Website, please contact Customer Service at support@wavestartup.com. You may also contact us by writing [Insert Company Name], [Insert Company Address]. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297.

Contact Us

If you have any questions about the Terms of Service or otherwise need to contact Company for any reason, you can reach us at Support Team at support@wavestartup.com.

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