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Effective Date: This Terms of Use Agreement was last
updated on OCTOBER 30, 2005.
This Terms of Use Agreement sets forth the standards
of use of the Wave Mojo Solutions Online Service. By
using the Wave Mojo Solutions/LISOCCER.ORG website you
(the “Member”) agree to these terms and
conditions. If you do not agree to the terms and conditions
of this agreement, you should immediately cease all
usage of this website. We reserve the right, at any
time, to modify, alter, or update the terms and conditions
of this agreement without prior notice. Modifications
shall become effective immediately upon being posted
at Wave Mojo Solutions/LISOCCER.ORG website. Your continued
use of the Service after amendments are posted constitutes
an acknowledgement and acceptance of the Agreement and
its modifications. Except as provided in this paragraph,
this Agreement may not be amended.
1. Description of Service
Wave Mojo Solutions is providing Member with Web Site.
Member must provide (1) all equipment necessary for
their own Internet connection, including computer and
modem and (2) provide for Member’s access to the
Internet, and (3) pay any fees relate with such connection.
2. Disclaimer of Warranties.
The site is provided by Wave Mojo Solutions on an “as
is” and on an “as available” basis.
To the fullest extent permitted by applicable law, Wave
Mojo Solutions makes no representations or warranties
of any kind, express or implied, regarding the use or
the results of this web site in terms of its correctness,
accuracy, reliability, or otherwise. Wave Mojo Solutions
shall have no liability for any interruptions in the
use of this Website. Wave Mojo Solutions disclaims all
warranties with regard to the information provided,
including the implied warranties of merchantability
and fitness for a particular purpose, and non-infringement.
Some jurisdictions do not allow the exclusion of implied
warranties, therefore the above-referenced exclusion
is inapplicable.
3. Limitation of Liability
WAVE MOJO SOLUTIONS SHALL NOT BE LIABLE FOR ANY DAMAGES
WHATSOEVER, AND IN PARTICULAR WAVE MOJO SOLUTIONS SHALL
NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL,
OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS,
LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED
TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT,
WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE,
TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE,
EVEN IF WAVE MOJO SOLUTIONS HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT
ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME
OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
4. Indemnification
Member agrees to indemnify and hold Wave Mojo Solutions,
its parents, subsidiaries, affiliates, officers and
employees, harmless from any claim or demand, including
reasonable attorneys’ fees and costs, made by
any third party due to or arising out of Member’s
use of the Service, the violation of this Agreement,
or infringement by Member, or other user of the Service
using Member’s computer, of any intellectual property
or any other right of any person or entity.
5. Modifications and Interruption to Service
Wave Mojo Solutions reserves the right to modify or
discontinue the Service with or without notice to the
Member. Wave Mojo Solutions shall not be liable to Member
or any third party should Wave Mojo Solutions exercise
its right to modify or discontinue the Service. Member
acknowledges and accepts that Wave Mojo Solutions does
not guarantee continuous, uninterrupted or secure access
to our website and operation of our website may be interfered
with or adversely affected by numerous factors or circumstances
outside of our control.
6. Third-Party Sites
Our website may include links to other sites on the
Internet that are owned and operated by online merchants
and other third parties. You acknowledge that we are
not responsible for the availability of, or the content
located on or through, any third-party site. You should
contact the site administrator or webmaster for those
third-party sites if you have any concerns regarding
such links or the content located on such sites. Your
use of those third-party sites is subject to the terms
of use and privacy policies of each site, and we are
not responsible therein. We encourage all Members to
review said privacy policies of third-parties’
sites.
7. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either
been provided by the Vendors or collected from publicly
available sources. While Wave Mojo Solutions makes every
effort to ensure that the information on this website
is accurate, we can make no representations or warranties
as to the accuracy or reliability of any information
provided on this website.
Wave Mojo Solutions makes no warranties or representations
whatsoever with regard to any product provided or offered
by any Vendor, and you acknowledge that any reliance
on representations and warranties provided by any Vendor
shall be at your own risk.
8. Governing Jurisdiction of the Courts New York
Our website is operated and provided in the State of
New York. As such, we are subject to the laws of the
State New York, and such laws will govern this Terms
of Use, without giving effect to any choice of law rules.
We make no representation that our website or other
services are appropriate, legal or available for use
in other locations. Accordingly, if you choose to access
our site you agree to do so subject to the internal
laws of the State New York.
9. Compliance with Laws.
Member assumes all knowledge of applicable law and
is responsible for compliance with any such laws. Member
may not use the Service in any way that violates applicable
state, federal, or international laws, regulations or
other government requirements. Member further agrees
not to transmit any material that encourages conduct
that could constitute a criminal offense, give rise
to civil liability or otherwise violate any applicable
local, state, national, or international law or regulation.
10. Copyright and Trademark Information
All content included or available on this site, including
site design, text, graphics, interfaces, and the selection
and arrangements thereof is ©2005 Wave Mojo Solutions.com,
will all rights reserved, or is the property of Wave
Mojo Solutions and/or third parties protected by intellectual
property rights. Any use of materials on the website,
including reproduction for purposes other than those
noted above, modification, distribution, or replication,
any form of data extraction or data mining, or other
commercial exploitation of any kind, without prior written
permission of an authorized officer of Wave Mojo Solutions
is strictly prohibited. Members agree that they will
not use any robot, spider, or other automatic device,
or manual process to monitor or copy our web pages or
the content contained therein without prior written
permission of an authorized officer of Wave Mojo Solutions.
Wave Mojo Solutions™ and Wave Mojo Solutions.com™
are proprietary marks of Wave Mojo Solutions.com. Wave
Mojo Solutions’s trademarks may not be used in
connection with any product or service that is not provided
by Wave Mojo Solutions, in any manner that is likely
to cause confusion among customers, or in any manner
that disparages or discredits Wave Mojo Solutions.
[Optional Provision]All other trademarks displayed
on Wave Mojo Solutions’s website are the trademarks
of their respective owners, and constitute neither an
endorsement nor a recommendation of those Vendors. In
addition, such use of trademarks or links to the web
sites of Vendors is not intended to imply, directly
or indirectly, that those Vendors endorse or have any
affiliation with Wave Mojo Solutions.
11. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision
Act, as enacted through the Digital Millennium Copyright
Act, Wave Mojo Solutions.com designates the following
individual as its agent for receipt of notifications
of claimed copyright infringement.
By Mail
129 Wilson Ave
Long Beach, NY 11561
By Telephone: 516.318.3091
By Email: support@wavemojo.com
12. Botnets
Wave Mojo Solutions retains the right, at our sole
discretion, to terminate any accounts involved with
botnets and related activities. If any hostnames are
used as command and control points for botnets, Wave
Mojo Solutions reserves the right to direct the involved
hostnames to a honeypot, loopback address, logging facility,
or any other destination at our discretion.
13. Other Terms
If any provision of this Terms of Use Agreement shall
be unlawful, void or unenforceable for any reason, the
other provisions (and any partially-enforceable provision)
shall not be affected thereby and shall remain valid
and enforceable to the maximum possible extent. You
agree that this Terms of Use Agreement and any other
agreements referenced herein may be assigned by Wave
Mojo Solutions, in our sole discretion, to a third party
in the event of a merger or acquisition. This Terms
of Use Agreement shall apply in addition to, and shall
not be superseded by, any other written agreement between
us in relation to your participation as a Member. Member
agrees that by accepting this Terms of Use Agreement,
Member is consenting to the use and disclosure of their
personally identifiable information and other practices
described in our Privacy Policy Statement.
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