TERMS OF SERVICE
1. WAVE Terms of Service
2. Applicability of These Terms
These Terms apply to all who use or access the WB Sites (“Users”). Users can be individuals, businesses or other organizations. If you are agreeing to these Terms on behalf of another, you represent and warrant that you have the authority to do so.
These Terms do not apply to third party sites or applications or third-party services/providers to which we provide access through the WB Sites. We encourage you to review the terms and privacy policies of these sites and applications before you use them.
These Terms do not apply to services received at physical Amazing Lash Studio® franchise locations. Amazing Lash Studio franchisees may require a customer to enter into agreements with those independently owned and operated franchise location or abide by additional terms of service or privacy policies applicable to the services provided at that physical location (“Franchisee Agreements”). WAVE disclaims any and all liability arising out of or in connection with the Franchisee Agreements.
You must be 18 years of age to use the WB Sites. If you learn that your minor under 13 years of age has used the WB Sites without your consent, please email us at email@example.com. We may revise and update these Terms in our sole discretion and will post any updates to the Terms on the WB Sites. Your continued use of the WB Sites, or any other service provided through the WB Sites, means that you accept and agree to the modified Terms.
3. Access and Use of the WB Sites
Account Security: WAVE employs reasonable commercial efforts to deploy and maintain reasonable administrative, physical, and technical safeguards to keep User data and other information confidential and secure. Users may be required to create their own unique account prior to gaining access to the WB Sites. Users shall be responsible for appropriately securing their accounts, computers, and other electronic devices used to access the WB Sites and for protecting their passwords and other access rights to the WB Sites. User may not interfere with others’ legitimate access to and use of the WB Sites. WAVE may monitor use of the WB Sites for security and technical support purposes and for validating compliance with these Terms. WAVE may at any time remove access rights to the WB Sites or require Users to change their passwords if WAVE determines, in its sole discretion, that the Users’ use or access to the WB Sites poses an imminent threat to the WB Sites, to others’ use of the WB Sites, or of a violation of law. WAVE will restore connectivity and functionality as soon as practicable after WAVE identifies and neutralizes the threat and implements any measures to ensure the threat does not reoccur. User shall be responsible for ensuring that the information provided pursuant to its use of the WB Sites is accurate.
Mobile Services: WAVE may send push notifications, SMS/text messages, or other electronic messages to User's mobile device. User's wireless service carrier's charges, data rates, and other fees may apply. Under no circumstances will WAVE be responsible for any internet service or wireless service carrier charges, fees, or expenses incurred by the User. If User changes or deactivates User's mobile telephone number, User agrees to promptly update User's account information to stay notified.
Electronic Communications: By consenting to these Terms, User confirms that User can access electronic information and communications on the WB Sites or via email or mobile services and consents to receiving electronic information and communications. User gives WAVE permission to email User information about upcoming appointments, marketing, purchases, shipments, returns, etc. User agrees to keep his or her profile email address up to date so WAVE may communicate with User. Users may change their communication preferences at any time in their account or opt-out of marketing or promotion communication by following opt-out procedures found on those communications.
WAVE’s Rights with Respect to the WB Sites: User acknowledges that WAVE may limit or control the use of the WB Sites in its discretion at any time and in any manner, including the setting or altering of data retention parameters. WAVE may terminate accounts that it deems to be inactive. User agrees that WAVE, its directors, officers, employees, successors, and assigns will not be liable to User or to any third party for any modification, suspension, or discontinuance of all or any part of the WB Sites, whether temporary or permanent. Prohibited Conduct: WAVE reserves the right to investigate and take appropriate action, including legal action, against anyone who, in WAVE's sole discretion, violates these Terms. WAVE may also suspend or terminate the accounts of violators and report Users to law enforcement authorities.
Special Notice for International Use; Export Controls: WAVE operates in the United States (U.S.) and is not targeted to individuals who reside in the European Economic Area (EEA) or other countries outside of the U.S.
Content Submitted to the WB Sites: The opinions expressed on the WB Sites by Users reflect solely the opinions of the Users who post thereon and do not reflect the opinions of WAVE. You acknowledge and agree that we have the right (but not the obligation) to monitor the WB Sites; to alter or remove any comments or other interactions with or on the WB Sites that WAVE determines, in its sole discretion, is not appropriate; and to disclose such comments and interactions and the circumstances surrounding their transmission to any third party in order to operate the WB Sites properly; to protect ourselves, our sponsors, franchisees, or Users, and to comply with legal obligations or governmental requests. If you believe a message or posting violates these Terms, please contact WAVE immediately at so that we can consider its editing or removal.
4. Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use the WB Sites. As a condition of your use of the WB Sites, you warrant that you will not use the WB Sites for any purpose that is unlawful or prohibited by these Terms. You may not use the WB Sites in any manner which could damage, disable, overburden, or impair the WB Sites, or interfere with any other party's use and enjoyment of the WB Sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the WB Sites.
All content included as part of the WB Sites, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the WB Sites, is our property or the property of our suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content, and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the WB Sites. Our content is not for resale. Your use of the WB Sites does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without our express written permission. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to our intellectual property or our licensors, except as expressly authorized by these Terms.
WAVE, in its sole discretion, may suspend or terminate User's account or use of any of the WB Sites at any time, without notice, for any reason. User may terminate User's account at any time. Upon termination (a) User's usage rights will terminate and User must immediately cease all use of the WB Sites; (b) User will no longer be authorized to access User's account or the WB Sites; and (c) all obligations accrued prior to termination and with respect to WAVE’s intellectual property, limited or absence of liability, indemnity rights, and rights regarding its ownership and control of the WB Sites will survive.
6. User Information Transmitted Through the WB Sites:
7. Third Party Websites
WAVE may provide, or third parties may provide, links or other access to other sites and resources on the WB Sites. WAVE has no control over such sites and resources and WAVE is not responsible for and does not endorse such sites and resources. User further acknowledges and agrees that WAVE, its directors, officers, employees, successors, and assigns will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings User has with third parties found while using the WB Sites are between User and the third party, and User agrees that WAVE, its directors, officers, employees, successors, and assigns are not liable for any loss or claim that User may have against any such third party.
8. Indemnity and Release
To the fullest extent permitted by law, User is responsible for User's use of the WB Sites. User releases and agrees to indemnify and hold WAVE and its officers, directors, employees, consultants, successors, assigns, and agents harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to: (a) User's unauthorized use or misuse of the WB Sites; (b) User's violation of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) User's violation of any rights of a third party, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between User and any third party.
9. Disclaimer of Warranties
USE OF ANY PORTION OF THE WB SITES IS AT USER’S OWN DISCRETION AND RISK. THE WB SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WAVE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE WB SITES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE WB SITES, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.
WAVE MAKES NO WARRANTY THAT ANY PORTION OF THE WB SITES, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE WB SITES (A) WILL MEET USER'S REQUIREMENTS, (B) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, (C) THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WB SITES WILL BE ACCURATE OR RELIABLE, OR (D) THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY USER THROUGH THE WB SITES WILL MEET USER'S EXPECTATIONS, AND WAVE DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
WAVE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND SUCCESSORS ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE WB SITES, INCLUDING BUT NOT LIMITED TO LOSS OF OR DAMAGE TO USER'S PROPERTY, SUCH AS USER'S COMPUTER SYSTEM, MOBILE DEVICE OR DATA. WAVE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND SUCCESSORS ARE NOT RESPONSIBLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY FRANCHISEE AGREEMENTS.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
10. Limitation of Liability
WAVE AND ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, THIRD PARTY SERVICE PROVIDERS, LICENSORS, OR CONTENT PROVIDERS, WILL NOT BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE WB SITES: (A) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION); (C) FOR USER'S USE OR INABILITY TO USE OR RELIANCE ON THE WB SITES OR ANY CONTENT OR OTHER MATERIALS AVAILABLE THROUGH THE WB SITES; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S DATA; OR (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WB SITES. UNLESS OTHERWISE PROHIBITED BY LAW, THE MAXIMUM LIABILITY OF WAVE AND ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, THIRD PARTY SERVICE PROVIDERS, LICENSORS OR CONTENT PROVIDERS TO USER FOR ANY AND ALL DAMAGES, LOSSES AND CAUSES OF ACTION WILL NOT EXCEED $100.00. IN STATES WHERE THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE ARE NOT ALLOWED, WAVE IS RESPONSIBLE TO USER ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL OR OUR BREACH OF OUR CONTRACT WITH YOU. WAVE DOES NOT LIMIT OUR LIABILITY TO USERS WHERE IT WOULD BE ILLEGAL TO DO SO. THIS SECTION DOES NOT AFFECT CONSUMER RIGHTS THAT CANNOT BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO USER IF USER RESIDES IN SUCH A JURISDICTION. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, WAVE’S LIABILITY WILL OTHERWISE BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
11. Governing Law
12. Construction and Assignment
Construction. In the event that these Terms conflict with any agreement between User and WAVE, these Terms shall govern. In the event that these Terms conflict with any Franchisee Agreements, such Franchisee Agreements shall govern. The failure of WAVE to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision or a waiver of any subsequent breach or default such provision. If any provision of these Terms is found by a court of competent jurisdiction or an arbitrator to be invalid, the parties nevertheless agree that the court or arbitrator should endeavor to give effect to the parties' intentions as reflected in that provision, and the other provisions of these Terms will remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. Throughout these Terms the use of the word "including" means "including but not limited to".
User Assignment Prohibited without Prior Written Consent. User may not assign these Terms, in whole or in part, by operation of law or otherwise, without the prior written consent of WAVE. Any attempt to assign or transfer the Terms, without such consent, will be void. WAVE may assign or transfer these Terms, in whole or in part, without restriction and without providing notice to or obtaining consent from User. The provisions of these Terms will inure to the benefit of, and be binding upon, the parties and their respective successors and permitted assigns.
13. Notice for California Users
14. Changes to Terms
These Terms may be updated from time to time. We reserve the right to modify these Terms at any time without notice, so please review these Terms frequently. When changes are made to these Terms, we will revise the “last updated” date at the bottom of these Terms. Your continued use of the WB Sites after we have posted any Terms changes indicates your agreement to the changes unless you notify us otherwise.
If you wish to retain a copy of these Terms, you should print a copy or save a copy for your records.
15. Contact Us
If you have any questions or comments about these Terms or if you wish to report a violation of these Terms, please e-mail us at firstname.lastname@example.org or send us a letter at:
Wellness and Vitality Exchange, LLC
9780 S. Meridian Blvd., Suite 400
Englewood, Colorado 80112
Last Modified: April 19, 2021