Use of the terms “we”, “us” and “WaveMark” in these Terms means WaveMark, Inc.

WaveMark may add improvements and/or make changes to the solutions and product and service offerings described in this Site at any time without notice. WaveMark may from time to time make changes to the Site. WaveMark may amend the Terms at any time by posting revised Terms on the Site. You shall be deemed to have accepted such amendments by continuing use of the Site after such amendments have been.

Copyright and Trademark Notice:

The content, organization, graphics, design, compilation, and other matters related to WaveMark and the Site are protected under applicable copyright, trademark and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, framing, use or publication by you of any such matters or any part of the Site is strictly prohibited. In addition, the entire Site is protected as a collective work under the United States and other copyright laws. The collective work includes works that are licensed to WaveMark and that are the property of WaveMark’s licensors, which are also protected by copyright and other intellectual property laws. You do not acquire ownership rights to any content or other materials viewed through the Site.

WAVEMARK® is a trademark of WaveMark, Inc. registered in the United States. All trademarks, service marks, logos, trade names, and any other proprietary designations of WaveMark used herein are trademarks or registered trademarks of WaveMark. Any other trademarks, service marks and trade names are the trademarks or registered trademarks of their respective parties.

Links to Third Party Sites:

The Site may have links or direct you to websites, software or services owned or operated by third parties (“Third Party Properties”). We have not reviewed all of the Third Party Properties to which you may be directed and we have no control over any Third Party Properties. We are not responsible for the content and operation of such Third Party Properties, or the privacy or other practices of such Third Party Properties. Entities listed in the “Partners” section of the Site are third parties and are not affiliates of WaveMark, notwithstanding the use of the term “Partners” within the Site.

Posts:

You understand and acknowledge that all postings you make, including but not limited to comments on our blog, (“Posts”) are not confidential and may be used by us in any way we deem fit. Your Posts must not violate any applicable law, statute, ordinance or regulation or be defamatory, libelous, obscene, unlawfully threatening or harassing, or the like, and must comply with these Terms. You acknowledge and understand that any information that you disclose may be collected and used by third parties. We do not control the actions of third parties and are not liable for their actions. If you disclose any personal information, you do so at your own risk. In addition, you acknowledge and agree that we may or may not screen Posts, but that we shall have the right (but not the obligation) in our sole discretion to screen, refuse, edit, move, or remove any Posts.

Rules of Conduct:
In connection with your use of the Site, you must not:

• Breach the Terms, including without limitation the Privacy Policy, or any other agreement or policy that you have agreed to with WaveMark;
• Violate any applicable law, statute, ordinance, or regulation, including but not limited to those governing financial services, consumer protection, unfair competition, anti-discrimination or false advertising, and U.S. export and import laws (such as the Export Administration Act and the Export Administration Regulations maintained by the Department of Commerce);
• Offer or disseminate fraudulent goods, services, schemes, or promotions (such as make money fast schemes, chain letters, pyramid schemes) or engage in any unfair deceptive act or practice;
• Infringe any party’s copyright, patent, trademark, trade secret or other intellectual property rights or rights of publicity or privacy
• Violate any confidentiality or nondisclosure obligations you have with other parties;
• Post any material that is defamatory, libelous, slanderous, obscene, threatening or harassing;
• Post any material that victimizes harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
• Provide false, inaccurate or misleading information, impersonate any person or entity, or otherwise misrepresent your affiliate with a person or entity;
• Harvest, collect or disseminate any information about any other Site users unless you receive such Site user’s express consent to do so;
• Forge headers or otherwise manipulate identifiers to disguise the origin of any content transmitted through the Site;
• Take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
• Hack the Site, or attempt to defeat or overcome any security measures or encryption technology for the Site or any related data;
• Facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or use any device, software or routine to attempt to interfere with use of the Site;
• Use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission;

Intellectual Property Rights Policy:

If you believe that your intellectual property rights have been infringed and that the applicable work is displayed on or is accessible via the Site, please send us an email with the following information:

• A description of the copyright, trademark or other intellectual property right that you claim has been infringed;
• A description of where the materials that you claim is infringing is located on the Site, with sufficient detail so that we may find it (such as the URL of the page where it appears);
• Your name, address, telephone number and email address;
• Include the following statement, if true, “I have a good faith belief that use of the materials described above as allegedly infringing is not authorized by the owner, its agent, or the law.”;
• Include the following statement, if true, “I swear, under penalty of perjury, that the information in this notification is accurate and that I am the owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”;
• An electronic signature of the owner or a person authorized to act on behalf of the owner of the copyright or other right(s) that have been allegedly infringed.

Please send the written notification to info@wavemark.com.

Please note that you will be liable for damages, including costs and attorneys’ fees, if you materially misrepresent that any material is infringing your intellectual property rights.

Indemnification:

You shall indemnify, defend and hold WaveMark, its affiliates, licensors, Site users, and each of their owners, directors, officers, employees, agents and representatives (the “Indemnitees”) harmless from any and all damages, liabilities, losses, costs (including reasonable attorneys’ fees), and expenses incurred or suffered by such Indemnitees arising out of, or in connection with, any claim based upon or arising out of (i) any breach or violation of these Terms or any policy or guidelines referenced herein by you; (ii) your gross negligence or willful misconduct; (iii) your submission of Posts; or (iv) your use or misuse of this Site.

Disclaimers:

THIS SITE, AND ALL INFORMATION AND OTHER CONTENT AVAILABLE FROM OR THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” THIS SITE MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. WAVEMARK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND MAKES NO REPRESENTATION OR WARRANTY THAT USE OF THE SITE ITSELF WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, ENTIRELY ERROR-FREE OR VIRUS-FREE, NOR DOES WAVEMARK MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OR ANY INFORMATION OBTAINED THROUGH THE SITE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. YOU EXPRESSLY ACKNOWLEDGE THAT THIS SITE IS A COMPUTER NETWORK-BASED SERVICE, WHICH MAY BE SUBJECT TO OUTAGES, INTERRUPTIONS, ATTACKS BY THIRD PARTIES AND DELAY OCCURRENCES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability:

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL WAVEMARK, ITS AFFILIATES, AND EACH OF THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES HAVE ANY LIABILITY TO YOU OR TO ANY OTHER ENTITY OR THIRD PARTY FOR ANY AMOUNT OF DAMAGES ARISING OUT OF OR RELATING TO THE SITE (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR NEGLIGENCE, STRICT LIABILITY, BREACH OF CONTRACT, MISREPRESENTATION, INFRINGEMENT OR OTHER CONTRACT OR TORT CLAIMS). TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL WAVEMARK, ITS AFFILIATES AND EACH OF THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES BE LIABLE TO YOU OR TO ANY OTHER ENTITY OR THIRD PARTY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, RELIANCE OR COVER DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST DATA, SERVICE INTERRUPTION, DEVICE OR COMPUTER FAILURE, LOST SAVINGS AND STATUTORY DAMAGES) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, EVEN IF WAVEMARK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR ONLY RIGHT AND RECOURSE WITH ANY PROBLEMS OR DISSATISFACTION WITH THE SITE IS TO DISCONTINUE USE OF THE SITE. The foregoing limitations allocate the risks between WaveMark and you and shall apply notwithstanding any failure of essential purpose of any limited remedy.

U.S. Government Restricted Rights:

If you are an agency or instrumentality of the United States Government, any software and documentation included in or used for the Site are “commercial computer software” and “commercial computer software documentation”, and pursuant to FAR 12.212 or DFARS 227.7202, and their successors, as applicable, use, reproduction and disclosure of such software and documentation are governed by these Terms.

Enforcement:

WaveMark reserves the right and has absolute discretion to enforce the Terms. We may, in our sole discretion, immediately terminate or suspend your access to this Site, if we determine that you have violated the Terms. Without limitation, we also reserve the right to report any activity (including the disclosure of appropriate data) that we suspect may violate any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. We also may cooperate with appropriate law enforcement agencies to assist in the investigation and prosecution of any illegal conduct. If you want to report any violations of these Terms, please contact info@wavemark.com.

General Terms:

These Terms are governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, USA, without regard to its principles of conflicts of law. It shall not be governed by the United Nations Convention on the International Sale of Goods or the Uniform Computer Information Transactions Act, the application of which is expressly excluded. Any dispute arising in connection with these Terms that cannot be settled by negotiation between you and WaveMark or their representatives may be submitted at our sole discretion to binding arbitration to be held in Massachusetts in accordance with the rules of the American Arbitration Association. You agree to submit to the exclusive jurisdiction of any State or Federal court located in Massachusetts, USA, and waive any jurisdictional, venue or inconvenient forum objections to such courts. Nothing herein shall prevent us from seeking equitable relief in a court of competent jurisdiction. If any provision of these Terms is held to be unenforceable, such provision shall be limited, modified or severed as necessary to eliminate its unenforceability, and all other provisions shall remain unaffected. Any heading contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. No waiver by us of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

PLEASE READ OUR PRIVACY POLICY, WHICH IS INCORPORATED INTO THE TERMS BY REFERENCE HEREIN.

If you have any questions or comments regarding the Terms, please contact us by email at info@wavemark.com.

Date last updated: April 17, 2012