TERMS OF USE

Eventwave, LLC., a Florida corporation, ("Company" or "we" or "us") provides EventWave.co web site ("EventWave.co or the "Site" or "App") and the Company services (collectively the "Services") to you, the user, subject to compliance with these terms and conditions. Company has other rules, policies and procedures relating to the Site and the services generally.

Use of this Site is limited to users who are 18 years of age or older. If you are between 14 years of age or under 18 years of age you must have parental consent to use of this Site. If you are under the age of 14 years of age you are hereby prohibited to use this site and if done so without authorization by us is in violation of the Terms of Use.

1. Use of Web Site & App

The Company services are provided by Company for users of the Site ("Users") to provide information and services relating to Professional and Social Networking, Events, Location and other services as may be offered from time to time (our "Services"). As a condition to your use of the Site, you agree that you will not: (i) use the Site or Company services to infringe the intellectual property rights of others in any way; (ii) use the Site or Company services or make any attempt to penetrate, modify or manipulate the Company Website, App or Company services or any of Company’s hardware or software in order to: invade the privacy of, obtain the identity of, or obtain any personal information about (including but not limited to IP addresses of) any Company account holder or user, or modify, erase or damage any information contained on the computer of any user connected to the Company services; or (iii) reverse engineer any portion of the Company services.

2. Copyrights

All copyrightable aspects of the Site, as well as all content included on this Site, such as text, graphics, logos, training information, forms, audio or visual materials, performances, the compilation of all content on this Site, button icons, images, audio clips, digital downloads, data compilations, and software (both object and source code) ("Copyrights"), is the proprietary property of Company or its suppliers and protected by United States and international copyright laws. We or our licensors claim copyrights in all aspects of the Copyrights. You will not claim or contest our or our licensors’ license or ownership in and to the Copyrights. You will only use the Copyrights in the manner we designate or approve. We may revoke or terminate your permission to use the Copyrights in any manner at any time.

You are only authorized to visit, view and retain a single copy of pages of the Site solely for your own individual, noncommercial use, and that you will not duplicate, download, publish, modify or otherwise distribute any material on the Site for any purpose other than for your own individual, noncommercial use unless otherwise specifically authorized by Company. We post legal notices and various credits on pages of the Site and Company services, which may not be removed even in your permitted copy. Accordingly, you agree not to remove these notices or credits, or any additional information contained along with the notices and credits. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this site.

3. Trademarks

The registered Trademarks, EventWave® and WaveDar®, as well as state or common law trademarks service marks, trade dress or logos used by the Company (the "Marks") on the Site are owned or licensed by Company. Company's Marks may not be used in connection with any product or service that is not Company's, in any manner that is likely to cause confusion, or in any manner that disparages or discredits Company. All other trademarks, product or service names, brand names, company names and/or logos that may appear on this Site which are not owned by the Company are the property of their respective owners. You will not contest the Company’s or its licensors’ rights or license in and to the Marks. You will not use any of the Marks in any manner not expressly authorized by the Company. Company may terminate its permission to you to use the Marks at any time upon notice to you.

4. Submissions

All content including but not limited to, statements, remarks, suggestions, ideas, graphics, feedback, concepts, comments, illustrations and other materials that are communicated by you to Company, or posted on EventWave (together, the “Submissions”) shall be the property of Company, and you waive all of your rights, whether known or unknown or hereafter existing in Submissions. Except as described in our Privacy Policy, Company is not required to treat any Submissions as confidential, and will not be liable any future use by Company. Company may use Submissions for any commercial or other purpose whatsoever without compensation to you or any other person, sending or posting the Submissions. You are completely responsible for the content of the Submissions and agree to defend, indemnify and hold Company and any of its related, affiliated, subsidiary companies, officers, agents, partners and employees harmless from any damages, losses, costs, or any other expenses, including attorney fees, which Company may incur as a result of your Submissions. Company retains the right to review and delete any Submissions, which Company, in its sole discretion considers illegal, offensive, faulty, suspicious, or otherwise inappropriate or which violate this Agreement, or any other agreement, related to the EventWave.co.

5. Prohibited Activities on the Site

It is a condition of your use of the Company services and this Site that you do not restrict or inhibit any other user from using and enjoying the Company services or any Company property or system, or use the Site or any of the services to:

  1. Engage in or encourage fraudulent conduct or conduct that would constitute any other criminal offense or give rise to civil liability;
  2. Distribute in any manner any harmful, obscene or otherwise illegal or objectionable material of any kind;
  3. Spoof or otherwise impersonate any individual or entity, or forge, delete or alter any part of TCP/IP packet header information in any e-mail or other posting;
  4. Violate or attempt to violate, the security of the Company services; or
  5. Assist or permit any persons in engaging in any of the activities described above.

6. Consequences of Unacceptable Use

We reserve the rights to investigate and to involve and cooperate with law enforcement authorities, and to pursue a civil lawsuit or criminal prosecution for any alleged or actual illegal activities involving this Site or any of the Company services. We reserve the right to deny or revoke access to this website or any part of it thereof, at any time in our sole discretion, with or without cause. Your access to EventWave.co will terminate upon the termination of this Agreement for any reason.

7. Information You Submit

We use the e-mail address and other information you submit to us to respond to your inquiries for information or requests for services. Our use of any Information you submit to us in order to use the services is subject to the terms and conditions of our Privacy Policy. Nonetheless, EventWave reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request or avoid liability.

When you fill forms online and use some areas of our Site and services, you agree to provide Company current, complete, true and accurate information as required to complete the online form. You agree not to use a false or misleading name or a name that you are not authorized to use. If Company suspects that such information is untrue, inaccurate, not current or incomplete, Company may refuse you access to our services, and pursue any appropriate legal remedies.

When you give EventWave permission to invite you contacts through any channel, such as SMS, email, other social networks, etc., you are giving EventWave permission to use your likeness in “invitation-based” marketing materials until EventWave has successful acquired your contacts as users. There is no time limit associated with the permissions you give EventWave to use your likely, only limits on where it can be used. EventWave reserve the right to use your likeness as much as needed to acquire your contacts as new EventWave users, but does not have the right to use your likeness for marketing outside of your direct contacts without your express permission.

As a means for making the Site more accommodating of your needs, this Site may contain links to third party sites which provide information and/or services that we think might be useful to you. When you follow links to any third party website, your use of such website will be subject to the terms and conditions posted on that website. Company takes no responsibility and assumes no liability for any content posted by any third party or any third party website.

Use of your personally identifiable information and other information that you submit or that we collect are governed by the Company’s Privacy Policy, which you may review by clicking Privacy Policy on EventWave.co and within the EventWave App. The terms of the privacy policy are incorporated into this agreement by this reference.

8. Monitoring

We may monitor and review any areas on this Site, where users transmit or post communications or communicate solely with each other, for the purpose of promoting Site’s efficiency, usefulness and appropriateness of use. However, Company does not undertake the duty to monitor or review every posting or communication, and we disclaim any liability, related to the content of such posting or communications, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise.

While we may monitor the content of communications from time to time, Company does not endorse, encourage, verify, or necessarily agree with the comments, opinions, or statements, posted on the Site. Any information or materials placed on-line, including advice or opinions, are solely the views and responsibility of those who posted such statements, and do not represent our views. We, in our sole discretion, reserve all rights to discontinue our service to any user at any time. We are not responsible for screening, policing, editing, or monitoring the Site. It is strictly forbidden to place on the Site any posting with adult content. Nudity and vile language are considered to have adult content. Additionally, Company strictly prohibits harassing behavior and cyber stalking. If any of Site’s users post on the Site anything that contains prohibited content, the account of the offending user will be deactivated without warning and compensation.

9. Links

At certain places on the Site, links to other Internet addresses may be accessed. Such external Internet addresses contain information, created, published, maintained, or otherwise posted by organizations, which are independent of Company. Company does not endorse, approve, certify, maintain, or control these external Internet addresses and does not guarantee the accuracy, completeness, effectiveness, timelessness, or correct sequencing of information, located at such addresses. Use of any information, obtained from external Internet addresses, is voluntary and, and reliance on it is at the users sole risk. Neither the inclusion of any link, the reference therein to any specific commercial product, process, or service by trade name, trademarks, service marks, or otherwise constitutes or implies endorsement, recommendation or favoring of Company.

There may be circumstances, when access to the Site is provided by a hypertext link, located at another website. Company has no responsibility for the content of such other website, Company does not make any representations or give any warranties or conditions with respect to any information, contained in or at such other website, and Company shall not be liable for any damages or injury, arising from the content of or access to such website. We do not endorse the individuals, companies or other entities, or any products or materials that are associated with the individuals, companies, or other entities that provide hypertext link to Company’s Site.

10. Warranty Disclaimers

YOU ACCESS AND USE THE SERVICES AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR NON-MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION. COMPANY DOES NOT WARRANT THAT THE SITE AND ANY SERVICES WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. IN ADDITION, COMPANY DOES NOT WARRANT THAT INFORMATION AVAILABLE ON OR THROUGH THE SITE ARE APPROPRIATE, ACCURATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION, AND ACCESSING THEM FROM JURISDICTIONS WHERE THEIR CONTENTS ARE ILLEGAL IS EXPRESSLY PROHIBITED. Some jurisdictions do not allow exclusion of implied warranties, so the above exclusions may not apply to you.

11. Limitations of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE USE OF ANY OR ALL OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS, IN WHOLE OR IN PART, HELD TO BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF COMPANY FOR ANY REASON AND UPON ANY CAUSE OF ACTION (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY AND OTHER ACTIONS IN CONTRACT OR TORT) ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, THE SERVICES OR THIS AGREEMENT SHALL BE LIMITED TO YOUR DIRECT DAMAGES ACTUALLY INCURRED UP TO TWO HUNDRED AND FIFTY DOLLARS ($250).

THE LIMITATION OF LIABILITY HEREIN APPLIES TO ALL LIABILITIES IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM YOUR USE OR YOUR INABILITY TO USE THE SITE OR ANY OTHER PART OF THE SERVICES, OR ANY OTHER MATTER ARISING FROM OR RELATING TO THE SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE A COMPANY DOING BUSINESS IN CALIFORNIA, USER HEREBY WAIVES California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

12. Indemnity of Company

You agree to indemnify and hold Company harmless, and, at Company's request, to defend Company from and against any claim, demand, cause of action, debt, loss or liability, including reasonable attorneys' fees, to the extent that such action is based upon, arises out of, or relates to: (i) your use of (or inability to use) the Services; (ii) your violation of the terms and conditions of this Agreement; (iii) the infringement by you, or any other person using your password and account, of any right of any person or entity; or (iv) any other activities of yours accomplished using the Services.

13. Applicable Laws

This Site is controlled by Company from its offices within the State of Florida and the substantive laws of the State of Florida will govern these disclaimers, terms, and conditions, without regard to any conflict of laws provisions. Company makes no representation that materials in the Site or the Company services are appropriate or available for use in other locations or territories where their content or use is illegal is prohibited. Users accessing this Site from other locations are responsible for compliance with applicable local laws.

14. Dispute Resolution

Any controversy or dispute between you and Company, concerning Company, our services, or the Site, shall be governed by the following Dispute Resolution procedure:

  1. First, the controversy or dispute shall be decided by the panel of three (3) members of Company’s administration, who will be selected by Company to resolve such controversy or dispute.  After considering the recommendations of the panel, Company will make the final decision, regarding resolution of the controversy or dispute.  Company shall not be bound to the recommendations of the panel deciding the controversy or dispute in its sole discretion;
  2. If the user (you) does not agree with Company’s decision, the user may request that the dispute be submitted to mediation. Both parties shall make a good faith effort to resolve the dispute at mediation. Each party shall bear all of its own costs of mediation in advance, except that the fees of the Mediator shall be divided equally. Mediation will take place in Saint Petersburg, Florida. The mediator will be selected by Company, in accordance with the following criteria:  (i) the Mediator shall be a neutral professional, who has a minimum of three (3) years’ experience in practicing civil mediation; (ii) the mediator must declare that a minimum of twenty-five (25) percent of his/her professional efforts are dedicated to Alternative Dispute Resolution (ADR) practice; and (iii) the mediator must have mediated at least fifty (50) civil disputes, excluding pro bono.
  3. Furthermore, if such controversy or dispute is not resolved at mediation after a good faith effort is made by both parties, it shall be submitted arbitration. If the amount of the award does not exceed the sum of Fifty Thousand and No/100 Dollars ($50,000.00) U.S. dollars, the arbitration shall be final and binding, and serves as the sole and exclusive remedy for the controversy or dispute.  Any claim, if at all, shall be made by filing a demand for arbitration within one (1) year, following the occurrence that has given rise to the claim. The rights and duties of the parties to resolve disputes by arbitration shall be governed exclusively by the Federal Arbitration Act, and arbitration shall be conducted in accordance with the Commercial Rules of the American Arbitration Association, with the exception to the rules governing selection of the Arbitrator. The arbitration will be held in Saint Petersburg, Florida. Each of the parties shall bear all of its own costs of arbitration, except that the fees of the Arbitrator shall be divided equally between the parties. The Arbitrator shall have no authority to amend or modify the terms and conditions of this Agreement, or any other of the Company’s agreements or policies. The Arbitrator, also, has no authority to award punitive, exemplary or consequential damages. The award of the Arbitrator may be enforced by judgment obtained in any court of competent jurisdiction in the United State of America. Before, during, or after arbitration, Company shall have the right, without awaiting the outcome of the arbitration, to seek interim injunctive relief from an appropriate court, including but not limited to temporary restraining orders or preliminary injunctions. Seeking such remedies shall not be deemed a waiver of either party’s right to compel arbitration. The arbitrator will be selected by Company, in accordance with the subsequent criteria: (i) the arbitrator shall be a licensed attorney in the State of Florida, who has a minimum of three (3) years of experience in practicing arbitration; and (ii) the arbitrator shall have sufficient knowledge of E-Business and marketing.
  4. e. You agree that regardless of any statute or law to the contrary, any claim of action, arising out of or related to use of this Site or Company’s Services, must be filed within one (1) year after such claim or cause of action arose or be forever barred. You hereby waive all claims that any other statutes of limitations applies YOU HEREBY WAVE ANY AND ALL RIGHTS TO A TRAIL BY JURY, REGARDING ANY CONTROVERSY OR DISPUTE RELATED TO OR ARISING UNDER THIS AGREEMENT.

15. Miscellaneous

Company may amend these Terms of Use or any other notices, policies, terms and conditions on this Site at any time by updating this posting or otherwise posting the changes to this Site. Accordingly, you should visit this Site from time to time to review the then-current and effective terms and conditions because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages at this Site or in conjunction with Company’s software or the Company services. No delay or failure to take action under such terms and conditions will constitute a waiver by Company unless expressly waived in writing by a duly authorized officer of Company.

16. Severability

If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

16. Other

Software from this Site is further subject to the United States’ export controls. No software may be downloaded from this Site or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By accessing this Site, downloading or using software on the Site, you represent that and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.

BY USING OR ACCESSING EVENTWAVE’S APP OR COMPANY SERVICES YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE LEGALLY BOUND BY THESE TERMS OF SERVICE.

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