Please read these Terms and Conditions of Use carefully before using this site.
BY USING THIS SITE, YOU SIGNIFY YOUR ASSENT TO THESE TERMS AND CONDITIONS.
Terms and Conditions of Use
This section states the Terms and Conditions of Use (the “Terms of Use”) under which users may access, interact with, and otherwise use the Make-N-Waves.com website and its Blog (collectively, the "Website"). These terms of use constitute a binding legal agreement (the "Agreement") between you and Make-N-Waves.com (“Make-N-Waves").
If you do not accept the terms stated herein, do not use the Website. This Agreement contains the complete terms that apply to your use and participation, and by using the Website you agree to be legally bound by the terms and conditions set forth in this Agreement. This Agreement is subject to change and may be modified at any time, and any such modification shall be effective immediately upon posting of the modified agreement on the Website. If you find changes in these terms that are unacceptable, you should discontinue your use of the Website.
1. General Terms and Conditions
(a) The Website is a venue with the main purpose of communicating awareness on assorted topics. However, there may be content provided or generated by third parties that are intentionally or accidentally incorrect. The Website may contain inaccuracies or typographical errors.
(b) Each user is solely responsible for the communications medium that such user uses in community interactions. Make-N-Waves reserves the right to expel users and prevent their further access to the Website for violating this Agreement or the law. Parents and guardians are solely responsible for use of this Website by their children under the age of eighteen. Minors may not use this Website without actual parental supervision.
2. Disclaimer
This Website does not provide advice. Information, materials or content accessible on the Website is not intended to substitute for expert advice. The contents of the Website are for converational purposes only and constitute the culmination of many observations and experiences. We make no recommendations and we are not responsible for the use or misuse of content on the Website. The Website is not intended to provide, nor does it constitute expert advice or expert information. You should always consult with an expert before taking action in your personal situation.
Statements expressed on the Blog or elsewhere in the Website should be viewed and used cautiously and should be considered as an opinion of those individuals.
3. Copyright and Other Restrictions on Use of the Website and Website Content
(a) Authorization of Use and General Prohibited Uses. Make-N-Waves authorizes you to view and download a single copy of content on the Website, solely for your lawful, non-commercial and personal use as expressly permitted by and subject to the restrictions contained in this Agreement.
The Website shall not be used by any person to post, transmit, display, publish, or distribute content that (i) violates this Agreement, (ii) infringes the copyright, trademark, trade secret or other intellectual property rights of others or violates the privacy or publicity or other personal rights of others, (iii) is fraudulent, deceptive, defamatory, obscene, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity, including without limitation, a sexually-explicit or parody image or text, chain letters and pyramid schemes, or (iv) violates applicable laws, including without limitation, consumer protection and trade laws and regulations.
(b) Copyright; Prohibition Against Copying. The contents of the Website are protected by copyright under both United States and foreign laws. All rights reserved.
(c) All remarks, suggestions, ideas, graphics, comments or other information you send to Make-N-Waves through the Website becomes and remains the property of Make-N-Waves, even if this Agreement is terminated.
4. Liability
(a) Make-N-Waves and its licensors, service providers, including Squarespace, third party providers, and affiliates, do not warrant that the Website will operate error-free or that the Website and its servers, the content, the materials, the services, and any communication, including e-mail, sent from the website, Make-N-Waves, any third party provider, including Squarespace, partners, or affiliates are free of computer viruses or other harmful mechanisms. If your use of the Website or any material, including e-mail, contained therein (the “Material”) results in the need for servicing or replacing equipment or data, Make-N-Waves and its service provider, Squarespace, are not responsible or liable for those costs. Make-N-Waves and its service provider, Squarespace, do not guarantee continuous, uninterrupted or secure access to the Website, and numerous factors outside of Make-N-Waves's and Squarespace’s reasonable control may interfere with operation of the Website. The Website contains links to third party Websites. These links are provided solely as a convenience to you and not as an endorsement by Make-N-Waves or Squarespace of the content on such third party Websites. Make-N-Waves and Squarespace are not responsible for the content of linked third-party sites and do not make any representations regarding the content or accuracy of materials on such third party Websites. If you decide to access linked third party Websites, you do so at your own risk.
(b) Make-N-Waves, its licensors, and its service provider, Squarespace, do not warrant or imply that the services, the content, the materials or the Website are appropriate or available for use in all geographic locations. If you use the website, the services or the materials outside the United States of America, you are solely responsible for compliance with all applicable laws including without limitation export and import regulations of other countries.
(c) The Website and the Material are provided on an 'as is' basis without any warranties of any kind, express or implied. To the fullest extent permitted by law, Make-N-Waves and its service provider, Squarespace, disclaim all warranties, including the warranty of any implied merchantability, title, non-infringement of third party rights, and the warranty of fitness for a particular purpose. Make-N-Waves and its service provider, Squarespace, make no warranties about the accuracy, legality, quality, currency reliability, performance, completeness, security, intent, usefulness, suitability or timeliness of the Material, content, services and links. Use of the materials or the website is at your own risk
(d) In no event shall Make-N-Waves, its service providers, including Squarespace, affiliates, licensors, agents, suppliers, partners, information providers, and their respective officers, directors , members, trustees, owners, employees, contractors and agents or any third parties mentioned at the Website be liable for any damages whatsoever (including without limitation, incidental, consequential, punitive and exemplary damages, lost revenues, or damages resulting from lost data, inconvenience or business interruption) resulting from the use or inability to use the Website, and the content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Make-N-Waves or such other parties are advised of the possibility of such damages. In no event shall Make-N-Waves or the aforementioned parties be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance on the Website or any of its content. You hereby waive the provisions of any state, local law or foreign law limiting or prohibiting a general release.
(e) Each party recognizes and agrees that the warranty disclaimers and liability and remedy limitations in this agreement are material bargained for bases of this agreement and that they have been taken into account and reflected in determining the consideration to be given by each party under this agreement and in the decision by each party to enter into this agreement.
5. Remedy
In the event of any problem with the site, the services, the materials, you agree that your sole and exclusive remedy is to cease using the site, the services and the materials. Under no circumstances shall Make-N-Waves, its service provider, Squarespace, its affiliates, or licensors be liable in any way for your use of the site, the services, the materials, the content, your content, the commercial products or third party user generated content available on or through the site, including, but not limited to, any errors or omissions, any infringement of the intellectual property rights or other rights of third parties, or for any loss or damage of any kind incurred as a result of, or related to, the use of the website, the services, the materials, the content, your content, the commercial products or any third party user generated content available on or through the website.
6. Indemnity and Release
(a) As a material inducement to provide you with use of the Website, you hereby indemnify, defend and hold Make-N-Waves, and its officers, directors, members, owners, agents, partners, licensors, suppliers, information providers, service providers, including Squarespace, third parties and affiliates (collectively, the "Indemnified Parties") harmless from and against any and all damages, liability, loss, claims, actions, demands and costs incurred by or made against the Indemnified Parties in connection with any claim arising out of the use, your use, or anyone's use of your account of the Website, the Services, the Materials, the Content, any Products offered (collectively, "the Service"), or any breach by you, of this Agreement, including, reasonable attorneys' fees and costs.
(b) If you have a dispute involving the Service with a third party, you release each of the Indemnified Parties from all damages, liability, claims, actions, demands and costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
7. User Information and Privacy
Make-N-Waves will never sell, lease or rent your confidential information. However, if it is necessary, we will share information for legal reasons. We will always endeavor to take steps to assure that any information you provide to us will remain secure. We want you to feel safe in your online experience while visiting our site. We therefore request that you take a moment to review the following valuable information.
Make-N-Waves does not collect personal information without your knowledge during your visit to our Web sites. However, Make-N-Waves does at times ask that you provide us with personal information while online. The type of information we collect typically, but not always, corresponds directly with the service you request. As a visitor, the personal information you provide may also be used to improve the usability of, and information available on, our sites. In other words, at times we will ask you for more information, beyond just your name and contact information, than is needed to facilitate our response to your specific request. Your provision of such additional information is your acknowledgement that you consent to our use of such information to better serve you, our visitor, and others coming to our sites. Make-N-Waves does not sell, lease or rent your confidential information. However, we may need to disclose personal information as required by law, such as a law, regulation, court order, subpoena, search warrant, in the course of a legal proceeding or in response to a law enforcement agency request, to enforce our Terms of Use, or Website rules; or to protect the safety and security
of our visitors and our sites.
Make-N-Waves reserves the right to make changes to this privacy policy at any time and requests that you review this policy for updates.
8. Jurisdiction
These Terms of Use, and the agreement they create, shall be governed by, and interpreted according to the laws of the State of Florida; and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Florida in connection with any dispute with Make-N-Waves or in any way relating to your use of the Website.
9. Monitoring Online Postings
Make-N-Waves shall have the right to monitor and review the content of any discussions, chats, forums, postings, transmissions and bulletin boards, although Make-N-Waves is not under legal obligation to do so. Naturally, Make-N-Waves assumes no responsibility or liability arising from the content of an online posting. However, we do specifically prohibit you or any visitor from posting or transmitting any unlawful, threatening, libelous, obscene, scandalous, inflammatory, pornographic, or profane material or any material that
could constitute or encourage what could be considered a criminal offense, give rise to civil liability or otherwise violate any law. Make-N-Waves will fully cooperate with authorities or court orders requesting details of criminal postings. Make-N-Waves shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on any Make-N-Waves website. Make-N-Waves shall have the right to remove any material that it determines to be in violation of these provisions or otherwise objectionable.
In addition, children 12 and under are not authorized to post messages or participate in Forums on the Website unless the site has been specifically designed for them and all appropriate parental notification and approval devices have been complied with fully.
10. Questions
If you have any questions about these Terms of Use, please contact us at Make-N-Waves.com.