Terms and Conditions

Acceptance of the Terms and Conditions

These terms and conditions are entered into by and between you and Newave Solutions, LLC (“Company,” “we,” “us,” or “our“). The following terms and conditions, together with any other agreements between you and the Company and any documents incorporated by reference therein (collectively, “Terms and Conditions”), govern your access to and use of any goods or services offered by the Company, including but not limited to any content, functionality, and services offered on or through our website www.newavesolutions.com (the “Website”) (collectively, the “Newave Services”).

Please read these Terms and Conditions carefully before you start to use the Website or any Newave Services offered by the Company. By using the Newave Services, you accept and agree to be bound and abide by these Terms and Conditions and our Privacy Policy, found at https://newavesolutions.com/privacy-policy/

which is incorporated herein by reference. If you do not want to agree to these Terms and Conditions or the Privacy Policy, you must not access or use the Newave Services.

By using the Newave Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all necessary eligibility requirements. If you do not meet all of these requirements, you must not access or use the Newave Services.

 

Changes to the Terms and Conditions

We may revise and update these Terms and Conditions from time to time in our sole discretion. All changes are effective immediately when we post them to our Website, and apply to all access to and use of the Newave Services thereafter.

Your continued use of the Newave Services following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are expected to check this webpage each time you access the Newave Services so you are aware of any changes, as they are binding on you.

 

Accessing the Newave Services and Account Security

We reserve the right to withdraw or amend the Newave Services, and any service or material we provide on the Newave Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Newave Services is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the Newave Services or the entire Newave Services.

You are responsible for both:

• Making all arrangements necessary for you to have access to the Newave Services.
• Ensuring that all persons who access the Newave Services through your internet connection are aware of these Terms and Conditions and comply with them.

To access the Newave Services or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Newave Services that all the information you provide on the Newave Services is correct, current, and complete. You agree that all information you provide to register with the Newave Services or otherwise, including, but not limited to, through the use of any interactive features on the Newave Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Newave Services or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms and Conditions.

 

Information Security

By your use of the Newave Services, you agree that you shall: (i) be responsible for any unauthorized creation, collection, receipt, transmission, access, storage, disposal, use, or disclosure of any personal information under your control or in your possession; (ii)         comply with any applicable laws and regulations and use only secure methods, according to accepted industry standards, when transferring or otherwise making available personal information to the Company; (iii) provide written notice to the Company if any information you provide to us contains personal information; and (iv) the Company will not be responsible for determining on its own that any information you provide to us qualifies as personal information.

In its provision of the Newave Services, the Company will employ commercially reasonable security measures to protect Personal Information in accordance with accepted industry standards. The Company may maintain a cyber incident breach response plan in accordance with accepted industry standards (“Response Plan“) and, when deemed necessary, will implement the procedures required under such plan on the occurrence of a Data Breach (as defined below). When necessary, we will notify you of a Data Breach as soon as reasonably practicable after we become aware of it. Immediately following Service Provider’s notification to Customer of a Data Breach, the parties will coordinate with each other, as necessary, to investigate the Data Breach in accordance with Service Provider’s current Cyber Incident Response Plan.

For the purposes of this Information Security section, “Data Breach” means: (i) any act or omission that materially compromises the security, confidentiality, or integrity of personal information or the physical, technical, administrative, or organizational safeguards put in place by the Company that relate to the protection of the security, confidentiality, availability, or integrity of personal information; or (ii) receipt of a complaint in relation to the privacy and data security practices of the Company by a governmental or regulatory authority.

 

Intellectual Property Rights

The Newave Services and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms and Conditions permit you to use the Newave Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Newave Services, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Newave Services for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

• Modify copies of any materials from this site.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Newave Services or any services or materials available through the Newave Services.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Newave Services in breach of the Terms and Conditions, your right to use the Newave Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Newave Services or any content on the Newave Services is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Newave Services not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws.

 

Trademarks

The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on Newave Services are the trademarks of their respective owners.

 

Prohibited Uses

You may use the Newave Services only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Newave Services:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Newave Services, or which, as determined by us, may harm the Company or users of the Newave Services, or expose them to liability.

Additionally, you agree not to:

• Use the Newave Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Newave Services, including their ability to engage in real time activities through the Newave Services.
• Use any robot, spider, or other automatic device, process, or means to access the Newave Services for any purpose, including monitoring or copying any of the material on the Newave Services.
• Use any manual process to monitor or copy any of the material on the Newave Services, or for any other purpose not expressly authorized in these Terms and Conditions, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Newave Services.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Newave Services, the server on which the Newave Services is stored, or any server, computer, or database connected to the Newave Services.
• Attack the Newave Services via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Newave Services.

 

Use of AI

You understand and acknowledge that the Newave Services may depend on artificial intelligence technologies (“AI Tech”), and your use of the Newave Services may involve such AI Tech. The Company may license or obtain permission to use such AI Tech from third party providers. When applicable, we will maintain compliance with the terms of any agreements between us and any such third party AI Tech providers to ensure compliance with the obligations set forth in the Information Security section herein.

 

Monitoring and Enforcement; Termination

We have the right to:

• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Newave Services.
• Terminate or suspend your access to all or part of the Newave Services for any violation of these Terms and Conditions.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Newave Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review material before it is posted on the Newave Services and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Sou

Reliance on Information Posted

The information presented on or through the Newave Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Newave Services, or by anyone who may be informed of any of its contents.

This Newave Services may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

 

Changes to the Newave Services

We may update the content on the Newave Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Newave Services may be out of date at any given time, and we are under no obligation to update such material.

 

Information About You and Your Visits to the Newave Services

All information we collect via the Newave Services is subject to our Privacy Policy. By using the Newave Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

 

Linking to the Newave Services and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express consent.

The Newave Services may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content available via the Newave Services.
• Send emails or other communications with certain content, or links to certain content, on this Newave Services.
• Cause limited portions of content on this Newave Services to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.
• Cause the Newave Services or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
• Link to any part of the Newave Services other than the homepage.
• Otherwise take any action with respect to the materials on this Newave Services that is inconsistent with any other provision of these Terms and Conditions.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

 

Links from the Newave Services

If the Newave Services contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Newave Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

 

Geographic Restrictions

The owner of the Newave Services is based in the State of Oklahoma in the United States. We provide this Newave Services for use only by persons located in the United States. We make no claims that the Newave Services or any of its content is accessible or appropriate outside of the United States. Access to the Newave Services may not be legal by certain persons or in certain countries. If you access the Newave Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

 

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Newave Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

 

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Newave Services, including, but not limited to, your User Contributions, any use of the Newave Services’s content, services, and products other than as expressly authorized in these Terms and Conditions, or your use of any information obtained from the Newave Services.

 

Resolution of Disputes

At Company’s sole discretion, it may require you to submit any disputes arising from these Terms and Conditions or use of the Newave Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Oklahoma law.

You agree that you shall resolve any dispute, controversy, or claim arising out of or relating to the Newave Services, or the breach, termination or invalidity of any agreement by and between you and the Company (each, a “Dispute“). The procedures set forth in this Resolution of Disputes section shall be the exclusive mechanism for resolving any Dispute that may arise.

Upon the occurrence of a Dispute, a party shall send written notice to the other party of any Dispute (the “Dispute Notice“). The parties shall first attempt in good faith to resolve any Dispute set forth in the Dispute Notice by negotiation and consultation between themselves, including not fewer than two (2) negotiation sessions conducted in good faith. In the event that such Dispute is not resolved on an informal basis within thirty (30) business days after one party delivers the Dispute Notice to the other party, whether the negotiation sessions take place or not, either party may initiate mediation pursuant to the process described below.

• Mediation. Subject to the Dispute Notice provisions herein, the parties may submit the Dispute to any mutually agreed to mediation service for mediation by providing to the mediation service a joint, written request for mediation, setting forth the subject of the dispute and the relief requested. The parties shall cooperate with one another in selecting a mediation service, and shall cooperate with the mediation service and with one another in selecting a neutral mediator and in scheduling the mediation proceedings, and the venue location shall be in Tulsa County, Oklahoma. The parties covenant that they will use commercially reasonable efforts in participating in the mediation. The parties agree that the mediator’s fees and expenses and the costs incidental to the mediation will be shared equally between the parties. The parties further agree that all offers, promises, conduct, and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts, and attorneys, and by the mediator and any employees of the mediation service, are confidential, privileged, and inadmissible for any purpose, including impeachment, in any litigation, arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation.
• Arbitration as Final Resort. If the parties cannot resolve any Dispute for any reason, including, but not limited to, the failure of either party to agree to enter into mediation or agree to any settlement proposed by the mediator, within sixty (60) days after the initiation of mediation, either party may commence binding arbitration in accordance with the provisions of the Oklahoma Uniform Arbitration Act, which shall be conducted in Tulsa County, Oklahoma.

 

Governing Law and Jurisdiction

All matters relating to the Newave Services and these Terms and Conditions, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Oklahoma without giving effect to any choice or conflict of law provision or rule (whether of the State of Oklahoma or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms and Conditions or the Newave Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Oklahoma, in each case located in the City of Tulsa and County of Tulsa, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms and Conditions in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.

 

Entire Agreement

These Terms and Conditions, our Privacy Policy, and any other agreements by and between you and the Company constitute the sole and entirety of agreement between you and Newave Solutions, LLC regarding the Newave Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Newave Services.

 

Your Comments and Concerns

This website is operated by Newave Solutions, LLC, 2405 E. Skelly Drive, Tulsa OK 74105.

All other feedback, comments, requests for technical support, and other communications relating to the Newave Services should be directed to the above address, or by email to info@newavesolutions.com.