Effective Date: June 20, 2019.
Use of the Website
Subject to full compliance with these TOU, BWS grants you a nonexclusive, nontransferable, non-sublicensable, terminable license to access and use the Website for your personal use. You agree to not access, reproduce, duplicate, copy, sell, re-sell, modify, distribute, transmit or otherwise exploit the Website or any of its content for any purpose except for your personal use and as described in these TOU, without the express written consent of BWS. By using the Website, you represent that you are at least eighteen (18) years of age and are a resident of the United States. The Website is provided for your informational use only.
Client-specific information that is entered into and generated by the Website, including online and/or printed proposals, is confidential and, with the exception of BWS personnel and other parties authorized by BWS, may only be accessed by the user from whom the information originated. If you have received a proposal in error, please contact BWS at [[email protected]] and either delete, destroy, or return such proposal to BWS immediately.
BWS may change or restrict your use of the Website and/or make changes to the products and services described on the Website at any time without notice. Use of the Website is granted by permission only and may be revoked at any time without notice.
By using the Website, you represent that you are using the Website for a lawful purpose. Any use of the Website and information generated by it that is in violation of any federal, state or local regulation (including insurance regulations) is prohibited.
Products/Services Illustrated on the Website
Nothing within the Website, nor the proposals or any other materials it generates, should be deemed a contract for products or services. You may not be eligible for all of the products or services described in the Website.
BWS may require that you create an account to use or access certain parts of the Website and to use certain products thereon and features thereof. BWS may require that you provide login information such as a username and password to access and utilize your account. As a condition of your use of the Website, you agree to (a) provide BWS with true, accurate, current and complete information as prompted by the BWS registration forms, when registering for or using the Website and (b) update and maintain the truthfulness, accuracy and completeness of such information. You are responsible for maintaining the confidentiality of any password or other account information not generally available to others and are fully responsible for all activities that occur under your username and password. While there are limited, legitimate reasons for creating multiple accounts, creating serial or overlapping accounts may result in account termination. Please contact BWS if you have questions about managing multiple accounts.
By submitting information or materials through the Website, you grant to BWS a royalty-free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use and transmit such information and materials as described in these TOU (which incorporate the other policies posted on the Privacy page of the Website), including, without limitation, disclosing any such information and materials as necessary to satisfy any law, regulation, or governmental request.
You agree not to submit or transmit any e-mails or materials through the Website that (i) are defamatory, threatening, obscene or harassing, (ii) contain any virus, worm, Trojan horse or any other harmful component, (iii) incorporate copyrighted or other proprietary material of any third party without such third party’s permission, or (iv) otherwise violate any applicable laws.
BWS shall not be subject to any obligations of confidentiality regarding any information or materials that you submit except as specified in these TOU and the policies on the Privacy page of the Website, and as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed to or required by law.
Disclaimer of Warranties
The Website and any products or services available through the Website are provided to your on an “as is,” “as available” basis without warranties of any kind, either express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, systems integration, accuracy, and non-infringement. BWS, its direct and indirect parents and subsidiaries, each such entity’s employees, officers, directors, agents, and any other parties involved in creating, producing or distributing BWS’s Website services (the “BWS Parties”) make no representations or warranties that use of the Website materials will be uninterrupted or error-free. You are responsible for taking all necessary precautions to ensure that any materials you may obtain are free of viruses or any other harmful components.
The BWS Parties make no representations or warranties related to the accuracy of the information contained within the Website and disclaim all liability for errors or omissions in the information presented.
Disclaimer of Liability
Your use of the Website is at your own risk. Under no circumstances, including negligence, shall the BWS Parties be liable in contract, tort, negligence, strict liability or otherwise for any damages whatsoever, whether special, consequential, direct, indirect, incidental, punitive or otherwise, that may be suffered by the user, even if the BWS Parties have been advised, knew or should have known of the possibility of such damages, including, but not limited to: (i) loss of data resulting from delays, non-deliveries, human error, technical malfunctions, failures, omissions, interruptions, deletions or defects of any telephone networks, computer online systems, computer equipment, server providers or software; (ii) any injury or damage to the user’s or any other person’s computer relating to or resulting from use of the Website; (iii) inability to access storage service(s); (iv) theft, tampering, destruction or unauthorized access to, or alteration of, content; (v) any incorrect or inaccurate information disseminated or provided; or (vi) service interruptions by any cause or errors or omissions of the user.
You agree that you shall defend, indemnify, save and hold the BWS Parties harmless from any and all demands, lawsuits, charges, liabilities, losses, costs, and claims, including reasonable attorneys’ fees (“Liabilities”), asserted against the BWS Parties that may arise or result from any service provided or performed or agreed to be performed or any product sold by you or your employees, clients, or assigns. You agree to defend, indemnify, and hold harmless the BWS Parties against any and all Liabilities, including, but not limited to, those arising out of: (i) any actual or alleged breach of these TOU, or any related or subsequent agreements, by you, your affiliates and subsidiaries, their respective employees, or anyone else authorized to act on your behalf; (ii) any negligence or willful misconduct by you or your affiliates or subsidiaries, or the respective employees or agents of such entities, or anyone else authorized to act on your behalf; (iii) any injury to person or property caused by any products sold or otherwise distributed in connection with the BWS Parties or services provided by the BWS Parties; (iv) any material supplied by you infringing or allegedly infringing on the proprietary rights of a third party; (v) any copyright infringement; (vi) any claim or allegation that your services or products violate any law, ordinance, rule, statute or regulation of any jurisdiction; (vii) any claims from your employees, agents, independent contractors, sub-contractors, and/or suppliers with respect to any lien for nonpayment of services or materials; and (viii) any defective product which you sold while using BWS.
The Website is protected by U.S. copyright laws. Except as expressly provided under these TOU, you may not use, reproduce, modify, transmit, distribute, or publicly display the Website without the prior written consent of BWS.
Contacting Big Wave Systems
If you have questions, comments or concerns regarding the Website, please e-mail [[email protected]]. Please include details of your questions, comments or concerns, including your complete name and contact information.
Notice for California Users
Pursuant to Section 1789.3 of the California Civil Code, California web users are entitled to the following specific consumer rights notice: The services reflected on the Website are provided by Big Wave Systems, LLC, a Delaware limited liability company, 32110 Agoura Road, Westlake Village, CA 91361. If you have any questions, concerns or complaints regarding such services, please contact BWS by either sending: (i) an e-mail to [[email protected]] or (ii) a letter, first class certified mail, to BWS, 6143 South Willow Drive, Ste. 330, Greenwood Village, CO 80111, Attn: John Kurath.
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Boulevard, Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
Violation of TOU
Should any provision of these TOU or any policies posted on the Privacy page of the Website be held invalid, unlawful, or for any reason unenforceable, then such provision shall be severable from the remaining provisions. Such invalid, unlawful or unenforceable provision shall not affect the validity or enforceability of the remaining provisions.
Any controversy or claim arising out of or relating to these TOU or the Website shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Orange County, California, and judgment on the arbitration award may be entered in any court having jurisdiction thereof.