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TERMS
OF USE AND PRIVACY POLICY
Terms
of Use PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.
Stresswave,
Inc. ("Stresswave") offers the Stresswave web site (the "Web Site") to
you, the user, conditioned upon your acceptance of all of the terms, conditions,
policies and notices stated on the Web Site. By using the Web Site, you
signify your assent to these Terms and Conditions and any subsequent modifications.
Stresswave may revise these Terms and Conditions from time to time by
updating this posting, with the new terms taking effect on the date of
posting. You should review these Terms of Use every time you use this
Web Site as they are binding upon you.
Personal
and Noncommercial Use
The Stresswave Web Site is for your personal and noncommercial use. As
a condition to your continued of the Web Site, you warrant to Stresswave
that you will not use the Web Site for any purpose that is unlawful or
prohibited by these Terms of Use.
Disclaimer
of Warranties
Neither Stresswave nor its employees, agents, third party
information providers, merchants, licensors or the like warrant that the
Web Site or its operation will be accurate, reliable, uninterrupted or
error-free. If your use of the Stresswave Web Site results in the need
for servicing or replacing property, material, equipment or data, Stresswave
is not responsible for those costs. No agent or representative has the
authority to create any warranty regarding the Web Site on behalf of Stresswave.
Stresswave reserves the right to change or discontinue any aspect or feature
of the Web Site at any time.
Stresswave
does not assume any liability for the contents of any material provided
on the Web Site. Reliance on any information presented on the Web Site
is at your own risk. Stresswave reserves the right to change or discontinue
any aspect or feature of the Web Site at any time.
You acknowledge
that, in connection with the Web Site, information will be transmitted
over local exchange, interexchange and Internet backbone carrier lines
and through routers, switches and other devices owned, maintained and
serviced by third party local exchange and long distance carriers, utilities,
Internet service providers and others, all of which are beyond the control
and jurisdiction of Stresswave. Accordingly, Stresswave assumes no liability
for or relating to the delay, failure, interruption or corruption of any
data or other information transmitted in connection with use of the Web
Site.
To the extent
any other disclaimers appear on the Web Site or the web sites of any of
Stresswaveís partners that are applicable to Stresswaveís users, they
are herein incorporated by reference.
WITHOUT
LIMITING THE FOREGOING, EVERYTHING ON THE WEB SITE, IS PROVIDED TO YOU
"AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED
OR IMPLIED, COVERING THE ACCURACY OF THE INFORMATION CONTAINED WITHIN
THE WEB SITE. STRESSWAVE MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY,
COMPLETENESS OR TIMELINESS OF THE WEB SITE CONTENT, SOFTWARE TEXT, GRAPHICS,
AND LINKS, OR ABOUT RESULTS TO BE OBTAINED FROM USING THE WEB SITE OR
STRESSWAVEíS SERVICES.
Limitation
of Liability
IN NO EVENT SHALL STRESSWAVE OR ANY THIRD PARTIES MENTIONED AT THE WEB
SITE BE LIABLE FOR ANY COSTS, DAMAGES AND EXPENSES WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, HEALTH PROBLEMS, INCIDENTAL AND CONSEQUENTIAL DAMAGES,
LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION)
RESULTING FROM THE USE OR INABILITY TO USE THE STRESSWAVE WEB SITE OR
THE CONTENT OF THE WEB SITE WHETHER BASED ON WARRANTY, CONTRACT, TORT
OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT STRESSWAVE IS ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND COUNTRIES DO
NOT ALLOW THE EXCLUSION OF LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Indemnification
You agree to defend, indemnify and hold Stresswave, its officers, directors,
employees and agents, licensors and suppliers harmless from and against
any claims, actions or demands, liabilities and settlements, including,
without limitation, reasonable legal and accounting fees, resulting from,
or alleged to result from, your use of the Web Site in a manner that violates
or is alleged to violate these Terms of Use. Stresswave shall provide
you with prompt notice of any such claim, suit or proceeding and shall
reasonably cooperate with you, at your expense, in your defense of any
such claim, suit or proceeding.
Links/Advertisements
Unless otherwise prohibited under these Terms of Use, you are hereby licensed
to create hyperlinks to the content on the Stresswave Web Site, provided
that the hyperlink accurately describes the content as it appears on the
Web Site. Stresswave reserves the right to revoke this license generally
or your right to use specific links, at any time, and may normally break
any hyperlink at anytime without prior notice. Under no circumstances
may you "frame" the Web Site or any of its content or copy portions of
the Stresswave Web Site to a server, except as part of an Internet service
provider's incidental caching of pages. Each page within Stresswave must
be displayed in full (including all trademarks, branding, advertising
and promotional materials), without any accompanying frame, border, margin,
design, branding, trademark, advertising or promotional materials not
originally displayed on the page within Stresswave.
Copyrights
Stresswave retains full copyright ownership, rights and protection in
all material contained on the Stresswave Web Site (including all software,
HTML code and other code). Except as otherwise expressly provided in these
Terms of Use, you may not copy, distribute, transmit, display, perform,
reproduce, publish, license, rewrite, create derivative works from, transfer,
or sell any material contained on the Web Site without the prior consent
of the copyright owner.
You agree
not to modify any documents, graphics, images or other material found
on this Web Site. You may, however make single copies of materials displayed
on the Stresswave Web Site for your own personal and noncommercial use
only, provided any copies include the copyright and other notices displayed
with the materials on the Web Site. You may not distribute such copies
to others, whether or not for a charge or other consideration, without
prior written permission from Stresswave or the copyright owner of the
copied material.
None of
the material contained on the Stresswave Web Site may be reverse-engineered,
disassembled, decompiled, transcribed, stored in a retrieval system, translated
into any language or computer language, retransmitted in any form or by
any means (electronic, mechanical, photo reproduction, recordation or
otherwise), resold or redistributed without the prior written consent
of Stresswave.
General
Provisions
You expressly agree that exclusive jurisdiction for any dispute with Stresswave,
or in any way relating ot your use of Stresswave's Web Site ("Legal Action"),
resides in the courts of the County You expressly agree that exclusive
jurisdiction for any dispute with Stresswave, or in any way relating to
your use of Stresswave's Web Site ("Legal Action"), resides in the courts
of the County of King, State of Washington. You further agree and expressly
consent to the exercise of personal jurisdiction in the courts of the
State of Washington in connection with any such dispute. Any Legal Action
that is subject to the jurisdiction of federal courts shall be instituted
in a federal court in the Western District of Washington. These Terms
of Use are governed by the internal substantive laws of the State of Washington,
without regard to conflict of law principles. If any provision of these
Terms of Use are found to be invalid by any court having competent jurisdiction,
the invalidity of such provision shall not affect the validity of the
remaining provisions of these Terms of Use, which shall remain in full
force and effect. No waiver of these Terms of Use shall be deemed a further
or continuing waiver of such term or condition or any other term or condition.
Any cause of action you may have with respect to Stresswave must be commenced
within one year after the claim or cause of action arises or such claim
or cause of action is barred.
Notice
Stresswave may deliver notice to you under these Terms of Use by means
of electronic mail, a general notice posted on Stresswave's Web Site,
or by written communication delivered by first class U.S. mail. You may
give notice to Stresswave at any time via electronic mail or by letter
delivered by first class postage prepaid U.S. mail or overnight courier
at the addresses shown below:
Stresswave, Inc.
12932 SE Kent-Kangley Road, #528
Kent, WA 98030
Attention: Legal Notice - OR
Email: (Specify "Legal Notice" in subject line)
Privacy
Policy
Stresswave's Web Site is designed to provide information to interested
parties regarding Stresswave and its product. To do this most effectively
we, at Stresswave, Inc. ("Stresswave"), collect certain personal information
about you on this Web Site. Stresswave respects your personal privacy
and we are committed to protecting it. This Privacy Policy explains how.
Your
Acceptance of These Terms
By using this site, you signify your acceptance of the terms of the
Stresswave Privacy Policy. If you do not agree to the terms of this Privacy
Policy, please do not use this Web Site. Your continued use of the Stresswave
Web Site following the posting of changes to these terms will mean that
you accept those changes. If you have questions or concerns regarding
this Privacy Policy, you should first contact Stresswave at:
Stresswave,
Inc.
12932 SE Kent-Kangley Road, #528
Kent, WA 98030
Tel: 253-395-1011
Fax: 253-981-0273
E-mail:engr@stress-wave.com
Your IP Address
Once you enter the Stresswave Web Site, our servers automatically collect
information about which pages you visit and your IP address or domain
name (e.g., Stress-wave.com). We use your IP address to help diagnose
problems with our server, and to administer our Web Site. Your IP address
is also used to help identify you and to gather general demographic information.
These information helps us better tailor your personalized experience
on the Web Site.
Your
Role in Protecting your Privacy
If you access Stresswave through an e-mail account maintained by your
employer, please note that it is possible that your employer may monitor
your e-mail communications.
Notification
of Changes
This Privacy Policy may be revised over time as new features are added
to the Web Site or as Internet security and privacy standards evolve.
We will post those changes prominently so that you will always know what
information we gather, how we might use that information and whether we
will disclose it to anyone. We do, however, recommend that you read this
Privacy Statement each time you use Stresswave, in case you missed our
notice of changes to the Privacy Policy.
Contacting
Us
If you have any questions about this Privacy Policy, the practices of
the Stresswave site, or your dealings with Stresswave, you can contact
us at:
Stresswave,
Inc.
12932 SE Kent-Kangley Road, #528
Kent, WA 98030
Tel: 253-395-1011
Fax: 253-981-0273
E-mail:engr@stress-wave.com
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