Terms Of Use

Default & Remedies:

In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Agreement (including without limitation the failure to make a monetary payment when due), the other party may terminate the Agreement by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 31 days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Agreement.

Electronic Delivery:

 

By accepting this Agreement, you agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Communications”) that we provide in connection with your Account and your use of the Service. Communications include but are not limited to:

  1. agreements and policies, such as this Agreement and our Privacy Policy, including updates thereto;

  2. annual disclosures;

  3. transaction receipts or confirmations;

  4. communication in relation to delinquent accounts (which may also be by phone, and may be made by Wave Financial or by anyone on its behalf, including a third-party collection agent);

  5. Account statements and history; and

  6. federal and state tax statements

We will provide these Communications to you by emailing them to you at the primary email address listed in your Account registration, by emailing you a link or instructions how to access them on a website, or (if permitted by law) by posting them on the Website. Communications are considered received by you within 24 hours of the time they are emailed to you or posted to our website. You further agree that your electronic signature has the same effect as your manual, physical signature.

By giving your consent, you are confirming that you are able to receive, open, and print or download a copy of any Communications for your records. It is important for you to retain copies of Communications because they may not be accessible in your Account at a later date.
 

 

Limitation Of Liability:

The subscribers and the users hereby agree to release, remise and forever discharge Etech Rivals LLC & parties from any and all manner of rights, losses, costs, claims, complaints, demands, debts, damages, causes of action, proceedings, liabilities, obligations, legal fees, costs and disbursements of any nature whatsoever, including without limitation any lost profit, indirect, consequential, exemplary, incidental, special or punitive damages (collectively, a "claim") whether known or unknown, which now or hereafter arise from, relate to, or are connected with;

 

  1. this agreement; 

  2. the use of Etech Rivals LLC & parties, its services and any related applications, services or 3rd-party services; 

  3. the use of any software related to Etech Rivals LLC; 

  4. viruses, spyware, service provider failures or internet access interruptions; 

  5. loss of use, loss of data, error, inaccuracy of data, payment failure, payment defect, inaccurate calculations (except as otherwise set out herein), downtime, identity theft, fraud or unauthorized access; or 

  6. any information, document, materials, tools, utilities, product or data that relating to the use of Etech Rivals LLC and the services; whether such claim is based in contract or tort or otherwise, even if we have been advised of the possibility of such claim, or such claim was reasonably foreseeable and notwithstanding the sufficiency or insufficiency of any remedy provided for herein or in any license.

For greater certainty, in no event shall we (and our suppliers) be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to this agreement or your use of, or inability to use, the site or services, even if we have been advised of the possibility of such damages. access to, and use of, wave and services are at your own discretion and risk, and you will be solely responsible for any damage, misuse, error, or loss of data arising from such access and use.

Except in the manner provided for in these terms of use, Etech Rivals LLC, its licensees, affiliates, and third party service providers, disclaim, and expressly do not provide any direct or indirect, express or implied representation or warranty as to title, non-infringement of intellectual property, or merchantability or merchantable quality; or that Etech Rivals LLC, the services, any third party services and online services, and any content, materials, tools, utilities, software and functionality will: 

 

  1. be fit or suitable for any specific purpose or intended use; 

  2. meet the users' requirements and expectations; 

  3. be uninterrupted, flawless, timely, accurate, reliable, secure or error free, or; 

  4. be free of viruses or other harmful elements. you expressly acknowledge and agree that wave and the services are provided on an "as is" basis and you agree to use Etech Rivals LLC, the services, any third-party services and online services, and any content, materials, tools, utilities, software and functionality related to Etech Rivals LLC at your own risk. you agree to determine the suitability of Etech Rivals LLC and services for your intended use and agree to verify all results obtained using Etech Rivals LLC and the services.

If you are a California resident, you hereby waive California civil code 1542 in connection with any release provided by you in these terms of use, including the foregoing, which section states: "a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release which if known by him or her must have materially affected his or her settlement with the debtor."

 

Force Majeure:

If performance of this Agreement or any obligation under this Agreement is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, plague, epidemic, pandemic, outbreaks of infectious disease or any other public health crisis, including quarantine or other employee restrictions, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages, or other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees,
officers, agents, or affiliates.

 

Arbitration:

 

Any controversies or disputes arising out of or relating to this Agreement shall be resolved by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Agreement. In the event the parties are unable to agree to such a selection, each party will select an arbitrator and the two arbitrators in turn shall select a third arbitrator, all three of whom shall preside jointly over the matter. The arbitration shall take place at a location that is reasonably centrally located between the parties, or otherwise mutually agreed upon by the parties. 

All documents, materials, and information in the possession of each party that are in any way relevant to the dispute shall be made available to the other party for review and copying no later than 30 days after the notice of arbitration is served. The arbitrator(s) shall not have the authority to modify any provision of this Agreement or to award punitive damages. The arbitrator(s) shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. The decision rendered by the arbitrator(s) shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Agreement.

Return & Refund Policy:

Returns;

Etech Rivals LLC does not accept any returns for any reason with the exception of the “Hardware or Software As A Service” programs. Customers or contractors may be liable for any shipping costs. Etech Rivals LLC reserves the right to accept returns at our discretion or on a case-by-case basis.

 

Refunds;

Etech Rivals LLC does not provide refunds for any products or services unless otherwise noted. Etech Rivals LLC reserves the right to process refunds at our discretion or on a case-by-case basis.

Entire Agreement:

 

This Agreement contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Agreement. This Agreement supersedes any prior written or oral agreements between the parties.

 

Severability:

 

If any provision of this Agreement will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.

Waiver Of Contractual Rights:

 

The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or   limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.