| The
www.bluewaveprofessionals.com Web Site (the "Site") is an
online information service provided by Blue Wave
Professionals, LLC, subject to your compliance with the terms
and conditions set forth below. PLEASE READ THIS DOCUMENT
CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR
USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND
CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY
THESE TERMS AND CONDITIONS, DO NOT USE THE SITE. Blue Wave
Professionals, LLC may modify these Terms of Use at any time
by posting the amended terms and/or conditions on the
Bluewaveprofessionals.com web site and such modifications
shall be effective immediately upon posting of the modified
agreement to the site. You should review these Terms of Use
periodically because they are binding on you when you are
accessing or using the Bluewaveprofessionals.com web site and
services. These Terms of Use were last revised on December 16,
2009. If you have questions, you may contact a Blue Wave
Professionals, LLC team member via
info@bluewaveprofessionals.com.
1. Copyright, Licenses and
Idea Submissions.
The entire contents of the Site are
protected by international copyright and trademark laws. The
owner of the copyrights and trademarks are Blue Wave
Professionals, LLC, its affiliates or other third party
licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH,
UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE
MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR
SOFTWARE. Blue Wave Professionals, LLC authorizes the User to
view and temporarily download and print a single copy of the
materials (including but not limited to documents, text,
logos, HTML code, graphics, button icons, sounds, audio clips,
images, software and other items) that are made available by
Blue Wave Professionals, LLC on this site (the "Materials")
solely for your personal, non-commercial use provided that you
agree not to change or delete any copyright or proprietary
notices from the materials. This permission terminates
automatically if you breach any of the terms and conditions
contained herein. Blue Wave Professionals, LLC does not grant
any express or implied right to you under any patents,
trademarks, copyrights or trade secret laws. You agree to
grant to Blue Wave Professionals, LLC a non-exclusive,
royalty-free, worldwide, perpetual license, with the right to
sub-license, to reproduce, distribute, transmit, create
derivative works of, publicly display and publicly perform any
materials and other information (including, without
limitation, ideas contained therein for new or improved
products and services) you submit to any public areas of the
Site (such as bulletin boards, forums and newsgroups) or by
e-mail to Blue Wave Professionals, LLC by all means and in any
media now known or hereafter developed. You also grant to Blue
Wave Professionals, LLC the right to use your name in
connection with the submitted materials and other information
as well as in connection with all advertising, marketing and
promotional material related thereto. You agree that you shall
have no recourse against Blue Wave Professionals, LLC for any
alleged or actual infringement or misappropriation of any
proprietary right in your communications to Blue Wave
Professionals, LLC.
TRADEMARKS.
Publications, products, content or services
referenced herein or on the Site are the exclusive trademarks
or service marks of www.bluewaveprofessionals.com. Other
product and company names mentioned in the Site may be the
trademarks of their respective owners.
2. Use of the Site.
You understand that, except for information,
products or services clearly identified as being supplied by
www.bluewaveprofessionals.com, Blue Wave Professionals, LLC
does not operate, control or endorse any information, products
or services on the Internet in any way. Except for Blue Wave
Professionals, LLC identified information, products or
services, all information, products and services offered on
the Internet generally are offered by third parties, that are
not affiliated with Blue Wave Professionals, LLC. You also
understand that Blue Wave Professionals, LLC cannot and does
not guarantee or warrant that files available for downloading
through the Site will be free of infection or viruses, worms,
Trojan horses or other code that manifest contaminating or
destructive properties. You are responsible for implementing
sufficient procedures and checkpoints to satisfy your
particular requirements for accuracy of data input and output,
and for maintaining a means external to the Site for the
reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE
SITE AND THE INTERNET. BLUE WAVE PROFESSIONALS, LLC PROVIDES
THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY
EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS
WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE
OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH
REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE
PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND
BLUE WAVE PROFESSIONALS, LLC SHALL NOT BE LIABLE FOR ANY COST
OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH
TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE
ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE,
SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH
THE SERVICE OR ON THE INTERNET GENERALLY. BLUE WAVE
PROFESSIONALS, LLC DOES NOT WARRANT THAT THE SERVICE WILL BE
UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE
WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET
CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY
EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH
MATERIALS IS AT YOUR RISK. BLUE WAVE PROFESSIONALS, LLC HAS NO
CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH
MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL BLUE WAVE PROFESSIONALS, LLC BE LIABLE FOR
(I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES
(INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND
THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE
SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE
SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH
INFORMATION OR SERVICE. EVEN IF BLUE WAVE PROFESSIONALS, LLC
OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO
ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR
MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE
ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, BLUE
WAVE PROFESSIONALS, LLC LIABILITY IS LIMITED TO THE GREATEST
EXTENT PERMITTED BY LAW.
Blue Wave Professionals, LLC makes no representations
whatsoever about any other web site which you may access
through this one or which may link to this Site. When you
access a non-www.bluewaveprofessionals.com web site, please
understand that it is independent from Blue Wave
Professionals, LLC, and that Blue Wave Professionals, LLC has
no control over the content on that web site. In addition, a
link to a www.bluewaveprofessionals.com web site does not mean
that Blue Wave Professionals, LLC endorses or accepts any
responsibility for the content, or the use, of such web site.
3. Indemnification.
You agree to indemnify, defend and hold
harmless Blue Wave Professionals, LLC, its officers,
directors, employees, agents, licensors, suppliers and any
third party information providers to the Service from and
against all losses, expenses, damages and costs, including
reasonable attorneys' fees, resulting from any violation of
this Agreement (including negligent or wrongful conduct) by
you or any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the
Service), and 3 (Indemnification) are for the benefit of Blue
Wave Professionals, LLC and its officers, directors,
employees, agents, licensors, suppliers, and any third party
information providers to the Service. Each of these
individuals or entities shall have the right to assert and
enforce those provisions directly against you on its own
behalf.
5. Termination.
This Agreement may be terminated by either
party without notice at any time for any reason. The
provisions of paragraphs 1 (Copyright, Licenses and Idea
Submissions), 2 (Use of the Service), 3 (Indemnification), 4
(Third Party Rights) and 6 (Miscellaneous) shall survive any
termination of this Agreement.
6.Miscellaneous.
This Agreement shall all be governed and
construed in accordance with the laws of The United States of
America applicable to agreements made and to be performed in
The United States of America. You agree that any legal action
or proceeding between Blue Wave Professionals, LLC and you for
any purpose concerning this Agreement or the parties'
obligations hereunder shall be brought exclusively in a
federal or state court of competent jurisdiction sitting in
The United States of America . Any cause of action or claim
you may have with respect to the Service must be commenced
within one (1) year after the claim or cause of action arises
or such claim or cause of action is barred. Blue Wave
Professionals, LLC’s failure to insist upon or enforce strict
performance of any provision of this Agreement shall not be
construed as a waiver of any provision or right. Neither the
course of conduct between the parties nor trade practice shall
act to modify any provision of this Agreement. Blue Wave
Professionals, LLC may assign its rights and duties under this
Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.
________________________________________
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