Legal - New Wave

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS WEB SITE. BY USING THIS WEB SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT ACCEPT ALL OF THESE TERMS OF USE, DO NOT USE THIS SITE. IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS OF USE, PLEASE CONTACT NEW WAVE ENERGY, LLC.

The Content On This Site

New Wave Energy, LLC (“Company”) is providing the links and information on www.NewWaveEnergy.com (“Site”) as a convenience to you and is not responsible for the accuracy or content of any such information or linked web sites. You acknowledge that the Company is not responsible for the availability of, or the content located on or through, any external site, and that your reliance upon information contained on this Site or on the linking to or content of any external site is at your own risk. The Company explicitly disclaims any responsibility for the accuracy, content or availability of information found on any sites that link to or from this Site.

The Company, in its sole discretion, may add, delete or change some or all of the features of this Site at any time with or without notice. The Company also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the services (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the services.

Products & Services Offered By And Links To Other Businesses

The Site provides links to other web sites. In addition, businesses other than the Company may provide services or sell products on the Site. Because the Company cannot control such other sites and businesses, you agree that the Company is not responsible for and does not endorse and content or products offered by such other sites and businesses. You should review the privacy policies and terms of use for the other sites and businesses you access via the Company’s Site. Additionally, products offered by this Site do not guarantee rates or savings as reflected by this Site, and marketing material, or any other representation or advertisement as expressed by the Company.

Conduct As A User

The content provided on this Site is being provided to you in connection with the Company’s provision of the Services and in consideration of your agreement to these Terms of Use. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, perform or circulate any material set forth or located on this Site without the prior written permission of the Company or the appropriate licensor. You further agree that you may not sell, offer for a price, rent, lease or lend the Services or any part thereof.

User Eligibility

The Company’s services are available only to individuals or businesses who can form legally binding contracts under applicable law. If you do not qualify, you may not use the Company’s services.

Your Information

“Your Information” includes any information you provide to us, including but not limited to, any information you provide (i) during any inquiry through this Site, and/or (ii) any automatic-capture feature of this site that uses cookies, artificial intelligence, or self -submission or surfing features by you, and/or (iii) through any email feature.

Subject to the Privacy Policy, by posting Your Information on or through this Site, you automatically grant the Company a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, transmit, translate, distribute, perform and display Your Information alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights to others.

Privacy Policy

New Wave’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view New Wave’s Privacy Policy, please select that option on our homepage. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private, timely, secure, or virus free. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Intellectual Property

The materials, data and other information, including all trademarks, service marks and trade names, used or displayed on this Site (“Intellectual Property) are the property of the Company or the licensors of such Intellectual Property and are protected by applicable copyright, trademark and other laws. This Agreement does not grant you any rights in connection with any current or future Intellectual Property owned by the Company or such licensors.

System Integrity

You may not use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or with any transaction conducted on this Site. You may not take any action which imposes or places an unreasonable or disproportionately large load on the Company’s infrastructure. You may not disclose or share your password with any third party or use your password for any unauthorized purpose and are fully responsible for all activities that occur under your password or account. You agree to notify the Company immediately of any unauthorized use of your password or account or any other data or security breach.

You agree that you will not use any robot, spider, other automatic device, or manual process to monitor, deep link with or copy the Company’s web pages or the content contained herein without the Company’s prior written consent.

Links To Other Sites & To The New Wave Site

This Site may contain links or references to other independent third-party web sites (“Third-Party Sites”). These Third-Party Sites are provided solely for your convenience. Such Third-Party Sites are not under New Wave’s control, and New Wave is not responsible for and does not endorse the content of such Third-Party Sites, including any information or materials contained on such Third-Party Sites. You shall make your own independent decision regarding your interaction with these Third-Party Sites.

No Warranty

THE SERVICES AND THE INFORMATION, PRODUCTS AND MATERIALS CONTAINED IN THIS SITE, INCLUDING BUT NOT LIMITED TO ALL TEXT, GRAPHICS AND LINKS, ARE PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANY SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SERVICES AND ANY SUCH INFORMATION, PRODUCTS AND MATERIALS, INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL COMPONENTS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

THE COMPANY DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE USE OF, OR ACCESS TO, THE SITE OR THE SERVICES. OPERATION OF THIS SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS, INCLUDING BUT NOT LIMITED TO TELECOMMUNICATIONS NETWORK DISRUPTIONS. THE COMPANY DOES NOT GUARANTEE THE ACCURACY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION ON, OR ACCESSIBLE VIA, THIS SITE OR THE RESULTS OF YOUR USE OF THIS SITE.

Limitation Of Liability

IN NO EVENT SHALL THE COMPANY OR ITS LICENSORS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY,OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THE USE, THE INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICES AND/OR PROVISION OF ANY INFORMATION, PRODUCTS, MATERIALS OR LINKS AVAILABLE ON, OR ACCESSIBLE VIA, THIS SITE, EVEN IF THE COMPANY OR AN AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

Indemnity

You agree to indemnify and hold the Company and its subsidiaries, affiliates, officers, directors, agents and employees, harmless from and against any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

Termination

The Company reserves the right to terminate your access to this Site for any reason or for no reason. You agree that any termination of your access to this Site may occur without prior notice to you. You also agree that the Company will not be liable to you or any other party for any such termination.

General Compliance With Laws

You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of this Site.

Governing Law & Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Delaware without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Delaware, and waive any objection to such jurisdiction or venue. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between New Wave and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If the dispute can not be resolved, both parties agree to mandatory binding arbitration in Illinois.

General Information & Enforceability Of Terms Of Use

The Company may amend these Terms of Use at any time by posting the amended terms on this Site. If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and New Wave with regard to your use of the Site, and any and all other written or oral agreements or understandings previously. New Wave will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. New Wave’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by New Wave of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between New Wave and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

In addition to these Terms of Use, you also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.

This information contained within is subject to change without notice.