(1) Introduction – This disclaimer governs your use of Ninth Wave Inc.’s website; by using our website, you accept this disclaimer in full. If you disagree with any part of this disclaimer, do not use our website.
(2) Intellectual Property Rights – Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all our intellectual property rights are reserved.
(3) License to Use Website – You may view, download for caching purposes only, and print pages from the website, provided that:
(a) You must not republish material from this website (including republication on another website), or reproduce or store material from this website in any public or private electronic retrieval system.
(b) You must not reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit our website or material on our website for a commercial purpose, without our express written consent;
(4) Limitations of Liability – The information on this website is free-of-charge, and you agree not to hold us liable with respect to the information on this website. While we endeavor to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on this website is kept up-to-date. To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill). Our liability is limited and excluded to the maximum extent permitted under applicable law. We will not be liable for any direct, indirect or consequential loss or damage arising under this disclaimer or in connection with our website, whether arising in tort, contract, or otherwise – including, without limitation, any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings. However, nothing in this disclaimer shall exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.
(5) Forum Posting / Comments – You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website. You must not use our website in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use our website for any purposes related to marketing without our express written consent. You must not use our website to copy, publish or send mass mailings or spam. You must not use our website to copy, publish or send material which is illegal or unlawful, or material which could give rise to legal action under applicable law. All material you copy, publish or send via our website must not be defamatory, obscene, indecent, hateful, discriminatory or inflammatory; such material must not infringe any person’s intellectual property rights or rights of confidence, impinge upon any person’s privacy, or constitute incitement to commit a crime [; further, material must not be misleading, deceptive, pornographic, threatening, abusive, harassing or menacing. We reserve the right to edit or remove any material posted upon our website. We may take such action as we deem appropriate to deal with the posting of unsuitable material, including suspending or canceling your account, restricting your access to our website, or commencing legal proceedings against you. In respect of all material that you post on our website, you grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute such material in any media, together with the right to sub-license such rights.
(6) Third party websites – The website contains links to other websites. We are not responsible for the content of third party websites.
(7) Variation – We may revise this disclaimer from time-to-time. Please check this page regularly to ensure you are familiar with the current version.
(8) Entire agreement – This disclaimer constitutes the entire agreement between you and us in relation to your use of our website.
(9) Law and Jurisdiction – This notice will be governed by and construed in accordance with United States law, and any disputes relating to this notice shall be subject to the exclusive jurisdiction of the courts of the United States of America.
Ninth Wave Inc. is committed to safeguarding the privacy of our website visitors; this policy sets out how we will treat your personal information.
(1) What information do we collect?
We may collect, store and use the following kinds of personal data:
(a) information about your visits to and use of this website;
(b) information about any transactions carried out between you and us on or in relation to this website, including information relating to any purchases you make of our goods or services;
(c) information that you provide to us for the purpose of registering with us and/or subscribing to our website services and/or email notifications.
(2) Information about website visits