Terms and Conditions
resowave, LLC. owns and operates “www.resowave.com”.
This document governs your relationship with “www.resowave.com”. Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using this website, you are agreeing to all of the Terms of Service, as may be
updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service. Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or this entire Website.
BY USING OR OTHERWISE ACCESSING THE WEB SITE, CREATING, REGISTERING OR ACCESSING AN ACCOUNT, POSTING OR DOWNLOADING CONTENT OR ANY OTHER INFORMATION TO OR FROM THE WEB SITE, PURCHASING ANY PRODUCTS OR SERVICES VIA THE WEB SITE OR MANIFESTING YOUR ASSENT TO THESE TERMS OF SERVICE IN ANY OTHER MANNER, YOU HEREBY UNEQUIVOCALLY AND EXPRESSLY AGREE TO, AND SHALL BE SUBJECT TO, THESE TERMS OF SERVICE. IF YOU DO NOT UNEQUI VOCALLY AGREE TO THESE TERMS OF SERVICE, YOU MAYNOT USE OR OTHERWISE ACCESSTHE WEB SITE, CREATE, REGISTER OR ACCESS AN ACCOUNT, POST OR DOWNLOAD CONTENT OR ANY OTHER INFORMATION TO OR FROM THE WEB SITE OR PURCHASE ANY PRODUCTS OR SERVICES VIA THE WEB SITE. YOU AGREE THAT YOUR ELECTRONIC SIGNATURE IN THESE METHODS IS THE LEGAL EQUIVALENT OF YOUR MANUAL SIGNATURE ON THIS AGREEMENT. YOU FURTHER AGREE THAT YOUR USE OF A KEYPAD, MOUSE, OR OTHER DEVICE TO SELECT AN ITEM, BUTTON , ICON OR SIMILAR ACT OR ACTION, OR ANY OTHER ACT OR ACTION IN SUBMITTING MATERIALS TO RESOWAVE, LLC OR ACCESSING RESOWAVE, LLC CONTENT CONSTITUTES YOUR ELECTRONIC SIGNATURE, ACCEPTANCE AND AGREEMENT. YOU ALSO AGREE THAT NO CERTIFICATION AUTHORITY OR OTHER THIRD-PARTY VERIFICATION IS NECESSARY TO VALIDATE YOUR ELECTRONIC SIGNATURE, AND THE LACK OF SUCH CERTIFICATION OR THIRD-PARTY VERIFICATION WILL NOT IN ANY WAY AFFECT THE ENFORCEABILITY OF YOUR ELECTRONIC SIGNATURE OR ANY RESULTING AGREEMENT BETWEEN YOU AND RESOWAVE, LLC
You must not misuse this Website. You will not commit or encourage a criminal offense; transmit or distribute a virus, trojan , worm , logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; h ack in to any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and resowave, LLC. will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of resowave, LLC. or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by resowave, LLC. and its licensors. You may print and display the content supplied solely for your own personal use. You are not permitted to publish, store, download, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
Copyright and Copyright Notices
resowave, LLC. respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide resowave, LLC's Copyright Agent the following information: an electronic or physical signature of the owner or person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Web Site sufficient to allow us to locate the allegedly infringing material; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Copyright owners and agents acknowledge that failure to comply with all of the, requirements of the foregoing may result in an invalidity of the Digital Millennium Copyright Act notice. Counter-Notice . If you believe that the Use, Content that was removed (or to which access was disabled) is not infringing, or that you have authorization from the copyright owner, the copyright owner' s agent, or, pursuant to the law, to post and use the User Content, you may send a counter-notice containing the following information to the Copyright Agent: your physical or, electronic signature; identification of the User Content that has been removed or, to which access has been disabled and the location at which the User Content appeared before it was removed or disable d; a
statement that you have a good faith belief that the User Content was removed or disabled as a result of mistake or, a misidentification of the User Content; and your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Miami-Dade County, Florida, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, resowave, LLC. may send a copy of the counter-notice to the original complaining party informing that per son that it may replace the removed.
User Content or cease disabling it in 1obusiness days. unless the copyright owner files an action seeking a court order against the person providing such Use, Content, the removed User Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt
of the counter -notice, at resowave, LLC's sole discretion.
You may need an account to purchase our products or services available on www. resowave.com, and you may be required to be logged in to the account and have a valid payment method associated with it to make such purchase. You are responsible for maintaining the confidentiality of your account and password and to restricting access to your account, and you agree to accept responsibility for all activities that occur und er your account to, password. resowave, LLC. does not sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are un d e, 18 , you can buy our products only with involvement of a parent or guardian. resowave, LLC. reserves the right to refuse service, terminate account s, terminate your rights to use www.resowave.com , remove or edit content, or cancel order s in its sole discretion. We may terminate your access or suspend your right to access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law, is in breach of these Terms or is harmful to the interests of other users, Associates, or us In addition, we reserve the right to refuse an order from any customer in our sole discretion.
Terms of Sale
By placing or der, you are offering to purchase a product or a ser vice subject to the following terms and conditions. All orders are subject to availability and confirmation of the order p rice.
Shipping times may vary according to availability and subject to any delays resulting from postal d e lays o r force majeure to, which we will not be responsible.
The term of shipping or ship includes the commencement of shipping items in an order for multiple purchases or where the item purchased consists of components that must be shipped separately. For example, your order may consist of (1) several different items, (2) a quantity of the same item, or, (3) a single item with several component parts the size of which might require them to be shipped in separate packages. In all such orders, we endeavor to ship out individual package s together so that they arrive at the same time; however, when that is not possible, we commence.
shipping by shipping individual packages in the order the soonest they are available, and conditions permit. In these instances, our notification to you that your order has "shipped,' marks the time when shipping has commenced; it does not mean that all items in the order have ship ped at that time. All packages sent have a separate tracking number and may be followed on the Orde, Status page. You agree that credit cards and debit cards are to be charged on the date of inventory reservation to, the order, not the date of shipping.
All items purchased through the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon tender of the item to the carrier.
In order to contract with "www.resowave.com” you must be above 18 years of ag e and possess a vali d credit or debit card issued by a bank acceptable to us. www.resowave.co m" retains the right to refuse any request made by you. If your order is accepted, we will in form you by email and we will confirm the id entity of the p arty, which you have contracted with. This will usually be "www. resowave.com' . When placing an order, you undertake that all detail s you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and service s may fluctuate. All prices advertised are subject to such changes.
This Site is not intended for or directed to persons who are minors (typically persons under the age of 18, depending on where you live). Because we cannot prohibit minors from accessing the Site, we must rely on parents, guardians and those responsible for supervising minors to decide which materials are appropriate for minors to view and/or purchase. By registering with this Site, purchasing products or services from us or providing us with any information, you represent to us that you are legally permitted to enter into a binding contract (18 years of age or older in most jurisdictions) or, if you are under the legal age of consent, you have the express permission from your parent or guardian and that any information you provide to us is not inaccurate, deceptive or misleading.
We require that all purchases be made either (i) by individuals who are not minors and who can legally enter into binding contracts (typically persons 18 years of age or older, depending on where you live), or (ii) by minors with the permission of a parent or guardian to purchase items on the Site.
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the good s or services that you ordered have been dispatched to you or booked. Only those goods or services listed in the confirmation e-mail sent at the time of dispatch or booking will be included in the
While we try and ensure that all details, description and prices that appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods or services that you have ordered, we will
inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel and you have already paid for the goods or services, you will receive a full refund. Delivery costs, where applicable, will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
Upon receiving your order, we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be debited up on authorization being received. The monies received up on the debiting of your card shall be treated as a deposit against the value of the good s or services you wish to purchase.
Once the go od s have been dispatched, the ser vices booked, and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods or services you have purchased as listed in the confirmation email.
You are responsible for reading the full description of the products and ser vices you wish to buy before making a purchase.
Our service appointments are personal one-time use service appointments. We do not offer memberships or recurring subscriptions. No membership is required to use our services. We will always do our best to accommodate your requests, but we highly recommend you make a reservation in advance (up to two weeks) for any of our services. You must be 18 years or older to make an appointment for any service.
Arrivals and Check-In
Please plan to arrive at least 15 minutes prior, to your first scheduled appointment. Late arrivals will result in a shortened appointment, so the next guest will not be delayed.
Please Check-in at the front desk. If it is your first visi t or we have not seen you in a while, you will need to fill out our standard waiver and liability forms for our records. If you have any questions or inquiries, please ask us. We are happy to help.
HEALTH AND SAFETY
All members are required to complete the mandatory disclaimers, before using our services. The customer warrants and represents that he/she is in the good physical condition and that there is no medical or other reason that would prevent him/her from engaging in treatment offered by resowave. It is the customer’s responsibility to monitor his/her own physical condition and to update resowave in writing with any information that might affect their ability to continue with any treatments at resowave locations.
Customers are required to inform resowave staff of any concerns experienced during the provision of any of our services. resowave staff is authorized to stop any customer from using any of our services if
in their opinion he/she suffers from any unusual or concerning symptoms or is not complying to safety rules. Members must abide by the guidance of the resowave staff and comply with all points clearly explained during the briefing session.
Gratuities (or tips) are not included in our prices but are highly appreciated by our staff. The standard gratuity is 15% - 25% of the cost of service provided.
PAYMENT SERVICE AUTHORIZATION
When you make a purchase, You will be asked to provide us with a credit card number from a card issuer, or other payment information that we accept, to pay for any fees related to the purchase or booking. We may seek pre-authorization of Your credit card or other payment information prior to a purchase to verify that the credit card or payment in formation is valid and/or has the necessary fun ds or credit available to cover Your purchase, order, fee or subscription. These pre-authorizations will , reduce Your available balance by the authorization amount until it is released or reconciled with the actual charge. Pl ease contact Your card issuer if You have additional questions regarding when an authorization amount will be removed from Your statement.
If at any point resowave collects credit card billing information from You, said data will be transferred using techniques considered commonplace and "industry standard " by our processing partner(s) and
BILLED TO YOUR CREDIT CARD OR DEDUCTED VIA YOUR DEBIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with Your purchases and services (including any applicable taxes) at the rates/prices/fees in effect when the charges were incurred. If We do not receive payment from Your credit card issuer or its agent, You agree to pay all amounts due upon request or demand by resowave or its agents.
resowave shall have the right to refuse or cancel any orders placed for products, subscriptions and/or Services that are listed at an incorrect price, or incorporate an incorrect coup on, rebate or refund, or containing any other incorrect information or typographical errors or made for
purposes of or in connection with fraud. resowave shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and Your credit card charged. If Your credit card has already been charged for the purchase and Your order is canceled resowave agree to promptly issue a credit to Your credit card account in the amount of the charge.
We do request that you cancel at least 48 hours before a scheduled appointment. If you must cancel your appointment, cancellations made 24 hours in advance will carry no fee, and your charge will be applied towards your next scheduled appointment. We do not refund payments for appointments cancelled less than 24 prior your appointment.
The time needed for the service(s) that you schedule is reserved exclusively for you. Customers with 2 or more cancellation policy violations will be required to pay for their service(s) in full prior to the scheduled appointment .
Please be advised, any late arrival of 15 minutes or more results in automatic cancellation and forfeit of scheduled service.
You have 15 calendar days to return an item from the date you received it. To be eligible for a return, your item must be unused and in the same condition that you received it. Your item must be in the original packaging. Your item needs to have the receipt or proof of purchase. Items that are opened or damaged or do not have a receipt will be denied an exchange.
To initiate a return, go to your user profile that was created on our website and send us and email and attach a copy of the purchase order. Select the products you want to return or change from your order. Print your prepaid shipping label that you will receive by email. Send us all items using the label provided.
Items must be returned unworn, unwashed, undamaged and with their original labels and packaging.
Accessories must be returned in the brand’s original protective box and bag. If the item has a Far fetch security tag or brand tag, it should be left in its original place.
Beauty and cosmetic products must be returned unused, unopened, with their security seals and in their original packaging.
Dietary and nutritional supplements must be returned in the same condition in which they were received, including the brand package and the documents provided with it.
These remedies are your exclusive remedies. All other remedies are hereby excluded. All warranties, express or implied, including the implied warranties of merchantability and fitness for a particular purpose are expressly excluded. The exclusions herein are subject to and may be limited by applicable law and you may have additional rights that vary from state to state.
Due to the nature of custom orders, and the fact that these items are created especially for you, we do not accept returns of these types of products, unless they were received damaged.
Once we receive your item, we will inspect it and notify you that we have received your returned item. We will immediately notify you on the status of your refund after inspecting the item. In most cases your refund will automatically go back to the original form of payment used for the purchase. In the event you used multiple forms of payment, your refund may be issued across all payment methods used. If your return is approved, we will initiate a refund to your credit card (or original method of payment). You will receive the credit within a certain amount of days, depending on your card issuer's policies.
Only regular priced items may be refunded. Unfortunately, custom made items, one-of-a-kind items, sale items, items with coupons, and items with discount codes cannot be refunded. All sale custom made items, one-of- a-kind items, sale items, items with coupons, and items with discount codes are final sale.
Once your item has been received, we will refund you based on the payment method you used. Payment processes can take 14 business days. Returned items will be refunded, excluding the original shipping cost. We will keep you informed throughout the process. Likewise, you can track the return of your package through our courier service, using the tracking number on your return sheet; or you can check the status in "My account", under "Orders and returns".
You hereby represent and warrant to resowave, LLC. that: (a) you (i) have reached the age of majority in the jurisdiction where you reside (generally 18, 19 or 21 years of age depending on the
In the event that you post any User Content via the Web Site, you hereby make the following additional representations and warranties to resowave, LLC: (1) you are owner of such User Content or otherwise have the right to grant resowave, LLC. the licenses granted pursuant to this Agreement; (2) you have secured any and all consents necessary to post the User Content and to grant the foregoing licenses; (3) the User Content does not violate the rights of any third party, including, without limitation, the intellectual property, privacy or publicity rights of any third party, and such User Content does not contain any personally identifiable information about third parties in violation of such parties'; rights; (4) the use of any User Content will not result in harm or personal injury to any third party; and (5) all factual information contained in the User Content is true, accurate and complete. PLEASE NOTE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY USER CONTENT POSTED ON THE resowave, LLC WEB SITE AND IN YOUR PRIVATE E-MAIL MESSAGES.
You are solely responsible for all content or information you publish or display (hereinafter, "post") on the Web Site. You will NOT post on the Web Site any defamatory or illegal material or any material that actually or potentially infringes or violates the intellectual property rights of any person, including, without limitation, the copyright, trademark, patent, trade secret or other intellectual property rights, or privacy, moral or publicity rights, of any person. You will use the Web Site in a manner consistent with any and all applicable laws, regulations, rulings and orders. By posting information on the Web Site, you warrant and represent that the information is truthful and accurate. You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights or except as otherwise permitted by law.
resowave, LLC. does not and cannot review each message posted by users of the Web Site and resowave, LLC. is not responsible for the information, message or contents of such Content.
resowave, LLC. reserves the right, but is not obligated, to delete or remove (i) profane language, (ii) obscenities, (iii) threats of physical violence, bodily harm or damage to property, and (iv) private financial information such as social security numbers and credit card information.
Additionally, you are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in unacceptable use of the Web Site or any part thereof or any User Content that you may post or purchase via the Web Site, which includes, without limitation: (a) use of the Web Site to interfere, disrupt or attempt to gain unauthorized access to other accounts on the Web Site or any other computer network; (b) use of the Web Site to post or store viruses, Trojan horses or any other malicious code or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, system or telecommunications equipment; (c) use of the Web Site to post or store any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or other fraudulent schemes, or any other form of solicitation; (d) use of any manual or automated software, devices or other processes to "crawl" or "spider" any web pages contained in the Web Site (including, without limitation, the use of robots, bots, spiders, scrapers or any other means to extract pricing, product, service or other data from the Web Site); (e) use of the Web Site to gain competitive intelligence about resowave, LLC, the Web Site or any product or service offered via the Web Site or to otherwise compete with resowave, LLC. or its affiliates; (f) framing or otherwise simulating the appearance or functions of the Web Site or any portion thereof; (g) harvesting or otherwise collecting any information about other users, including, without limitation, email addresses or other contact information of other users or (h) use of the Web Site to engage in any activity that, as determined by resowave, LLC, may intentionally or unintentionally violate these Terms of Service, violate any applicable laws or regulations or conflict with the spirit or intent of these Terms of Service.
By accessing the Sites, You agree:
not to use the Sites or the Services or submit content to the Sites if You are an Age-Barred Individual as defined herein.
not to use the site to cause nuisance, annoyance, or inconvenience.
not to attempt to impersonate another user, person or business, or a member of the resowave team, including for purposes of placing false or fake requests or queries
not to advertise any products or services
not to create or compile, directly or indirectly, any collection, compilation, database or directory from the Site content including but not limited to the Provided Content.
not to access the Sites or Services using a third-party's
account/registration without the express consent of the account holder.
not to attempt, through any means, to gain unauthorized access to any part of the Sites and/or any service, other account, computer system and/or network connected to any resowave server.
not to use the Sites in any manner that could damage, disable, overburden and/or impair any resowave server, or the network(s) connected to any resowave server, and/or interfere with any other party’s use and enjoyment of the Sites.
not to use any information obtained from the Sites or the resowave Services in order to contact, advertise to, solicit, or sell to any resowave service provider or other user
not to use the Sites or any Provided Content as part of an effort to compete with or negatively impact the business of resowave.
not to use the Services or Provided Content for any commercial purposes, including but not limited to, contacting or advertising to, soliciting or selling to, any service provider unless resowave has given You permission in writing to do so.
not to delete the copyright or other proprietary rights notice from any Provided Content or any portion of the Sites or other resowave services.
to report any errors, bugs, glitches, unauthorized access methodologies or any breach of IP rights that You uncover in Your use of Software or the Services.
not to use the Sites for any illegal purpose including but not limited identity fraud or credit card fraud.
to keep secure and confidential Your account password or any identification that We provide You.
not to upload or transmit viruses or other harmful, disruptive or destructive files; and
that you are not based in Cuba, Iran, North Korea, Syria, or any other country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist-supporting” country.
We may suspend your right to access or use any portion or all of the Services immediately upon notice to you if we determine: (a) your use of or registration for the Services may subject us, our affiliates, or any third party to liability or may adversely impact the Services or the systems or
content of any other resowave, LLC. customer; (b) you are in breach of this Agreement, including if you are delinquent on your payment obligations for more than 15 days. If we suspend your right to access or use any portion or all of the Services, you remain responsible for all fees you have incurred through the date of suspension and for any applicable fees for any Services to which you continue to have access. Our right to suspend your right to access or use the Services is in
addition to our right to terminate this Agreement pursuant to the Termination Section.
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law resowave, LLC. and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked
Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect www.resowave.com’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Further, the Site is provided on an “AS IS,” “as available” basis. We do not warrant that your use of the Site will be uninterrupted or error-free. We do not warrant the accuracy, integrity, or completeness of the Content provided on the Site, or the products or services offered for sale on the Site. We make no representation that Content provided on the Site is applicable or appropriate for use in locations outside of the United States. We specifically disclaim warranties of any kind, whether expressed or implied, including but not limited to warranties of title, implied warranties of merchantability or warranties of fitness for a particular purpose. No oral advice or written information given by us shall create a warranty. You expressly agree that your access to, viewing of, browsing, visiting or use of the Site is at your sole risk. Under no circumstances shall we be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Site, including but not limited to reliance by a user on any information obtained at the Site, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to our records, programs or services. The foregoing limitation of liability shall apply whether in an action at law, including but not limited to contract, negligence, or other tortious action; or an action in equity, even if one of our authorized representatives have been advised of or should have knowledge of the possibility of such
damages. You hereby acknowledge that this paragraph shall apply to all Content, merchandise and services available through the Site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such state liability is limited to
the fullest extent permitted by law.
Although we take steps to ensure the accuracy and completeness of product and third-party service descriptions posted on the Site, please refer to the manufacturer or Associates for details.
The products on our Site are intended for personal, not commercial or business use, unless otherwise indicated. As such, you assume the risk when purchasing products for a commercial or business use or application.
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: THE WEBSITE, ANY CONTENT AND ANY PRODUCTS OR SERVICES PROVIDED VIA THE WEB SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RESOWAVE, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, ACCURACY, CORRECTNESS AND NON-INFRINGEMENT. WITHOUTLIMITATION, RESOWAVE, LLC MAKES NO WARRANTY THAT THE WEB SITE, ANY CONTENT OR ANY PRODUCTS OR SERVICES PROVIDED VIA THE WEBSITE WILL MEET YOUR REQUIREMENTS, THAT USE OF THE FOREGOING WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE FOREGOING OR ANY INFORMATION FOUND THEREON WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED THROUGH THE WEB SITE WILL MEET YOUR EXPECTATIONS. UNDER NO CIRCUMSTANCES WILL RESOWAVE, LLC BE RESPONSIBLE FOR ANY LOSS OR DAMAGE
RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE RESOWAVE, LLC WEB SITE, OR TRANSMITTED TO OR BY ANY USERS. ANY CONTENT OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB
SITE IS DONE AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU THROUGH THE WEB SITE OR ANY PRODUCT SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF SERVICE. ANY IMPLIED WARRANTIES THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW ARE LIMITED TO THE SHORTEST PERIOD PERMITTED BY
APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT MAY VARY FROM JURISDICTION TO JURISDICTION.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RESOWAVE, LLC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RESOWAVE, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE WEB SITE, ANY CONTENT, PRODUCTS OR SERVICES MADE AVAILABLE ON OR PURCHASED VIA THE WEB SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE CONTENT, PRODUCTS AND SERVICES RESULTING FROM ANY CONTENT, PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEB SITE OR OTHERWISE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; OR (D) ANY OTHER MATTER RELATING TO THE WEB SITE, ANY CONTENT OR PRODUCTS OR SERVICES. IF YOU ARE DISSATISFIED WITH THE WEB SITE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USE OF THE WEB SITE AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH ITS TERMS. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT SHALL RESOWAVE, LLC'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY,
FOR ACCESSING THE WEB SITE, PURCHASING ANY CONTENT OR PURCHASING RESOWAVE, LLC'S PRODUCTS OR SERVICES OR ANY AMOUNT RETAINED BY RESOWAVE, LLC FOR PROVIDING THE
SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
In consideration of resowave, management offering you our services, the customer agrees that resowave, LLC, its owners, management, employees and subsidiaries accepts no responsibility for any loss or damage to customers’ properties, for death or injuries sustained while on the premises of any resowave location.
Customers agree that no claims will be made against the resowave, LLC its owners, management, employees and its subsidiaries for any reason whatsoever and members agree to release, indemnify, defend and hold them harmless from and against any and all claims, losses, damages,
expenses, costs, and liabilities which may arise out of or in any way related to the customer’s presence in resowave location or receiving resowave services.
Reviews and Comments
You may post reviews, comments, photos, videos, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including
publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. resowave, LLC reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant resowave, LLC a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use,
reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant resowave, LLC and sub licensees the right to use the name that you submit in connection with such content if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify resowave, LLC for all claims resulting from content, you supply. resowave, LLC. has the right but not the obligation to monitor and edit or remove any activity or content. resowave, LLC takes no
responsibility and assumes no liability for any content posted by you or
any third party.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You
must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Social Media Integration
resowave, LLC websites, products, and services may include the option of integration through third party social networking sites and related social media plug-ins or applications. When you integrate or link our websites, products, and services with your social media applications
(e.g., Facebook, LinkedIn, Instagram, Google+, etc.), you authorize resowave, LLC to have access to certain information from your social media profile (e.g., name, e-mail address, photo, gender, birthday, location, your list of friends, comments, etc.) to deliver the content or as part of the operation of the integrated application. We may also obtain non-personally identifiable information (e.g., content viewed, advertising viewed, etc.) from your interaction with our integrated content.
publicly viewed by other members of these websites and resowave, LLC cannot prevent further use of the information by independent third parties. For more information about how social networking sites handle your personal information and available privacy settings, please
Mobile Applications and Location-based Services Certain resowave, LLC websites, products, and services offer mobile applications for access via smartphones and tablet devices. These applications are subject to the information handling practices outlined in this policy.
resowave, LLC. mobile applications may include the option to provide you with helpful information based on where you are. To provide such location-based services, resowave, LLC may collect, use, and share precise location data, including the real-time geographic location of your mobile device. This location data is collected anonymously in a form that does not personally identify you and is solely used by resowave, LLC to provide and improve location-based products and services. If you wish to deactivate this feature, you can disable the location services on your mobile device.
Due to the communications standards on the Internet, we automatically receive the uniform resource locator (URL) of the web site from which you came and the web site to which you proceed once you leave the Web Site. We also receive the IP address of your computer (or the proxy server you use to access the World Wide Web), your computer operating system and type of web browser you are using, as well as the name of your Internet service provider (ISP). This information is used to analyze overall trends to help us improve the Web Site. The linkage between your IP address and your personally identifiable information is shared with third
Web Beacons and Ad Networks
We may allow other companies, called ad networks, to serve advertisements to Users via the Web Site. Ad networks include third party ad servers, ad agencies, ad technology vendors and research firms. resowave, LLC may "target" some ads to Users that fit a certain general profile. To deliver these ads properly, the Web Site may include a file, called a web beacon, from these ad networks within pages served by the Web Site or implement other monitoring technologies so the networks may provide anonymous, aggregated auditing, research and reporting for advertisers as well as to target ads to you while you visit other web sites. These general targets may also be used by ad networks to display targeted ads on other web sites as a substitute for random, irrelevant ads. In addition, the Web Site may use the technology of ad networks to serve ads only when you visit this Web Site. Ad networks may use non-personal information, such as your state or zip code, in order to provide advertisements about goods and services that may be of particular interest to you while you visit this Web Site. Because your web browser must request these advertisements and web beacons from the ad network's servers, these companies can view, edit or set their own cookies, just as if you had requested a web page from their site.
No Spam Policy
You understand and agree that sending unsolicited email advertisements to resowave, LLC email addresses or through resowave, LLC computer systems is expressly prohibited. Any unauthorized
use of resowave, LLC computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. A § 1030 et seq.), such violations may subject the sender and his or her agents to civil and criminal penalties.
Disclaimer as to ownership of trademarks, images of personalities and
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with “www.resowave.com” and you should not rely on the
existence of such a connection or affiliation in any way. Any trademarks/names featured on this Website are owned by the respective trademark owners, unless otherwise stated. Where a trademark or brand name is referred to it is used solely to describe or identify the products
and services, is in no way an assertion that such products or services are endorsed by or connected to “www.resowave.com”.
Third-Party Websites, Applications and Advertisements. The Website and the Services may contain links to third-party websites (“Third-Party Websites”), applications (“Third-Party Applications”) and advertisements for our other partners (“Third-Party Advertisements”) for third parties (collectively and individually, “Third-Party Interactions”). When you click on a link to Third Party Interactions, resowave will not warn you that You have left resowave’s Website or Services and will not warn You that You are subject to the terms and conditions (including privacy policies) of another entity. Such Third-Party Interactions are not under the control of resowave. The Company is not responsible for any Third-Party Interactions, even on sites that host content created for or by resowave.
Ad Servers and Third-Party Hosted Interactions: resowave may include advertisements and content served and/or hosted by third-party providers, and reserves the right to share personally identifying information with resowave’s ad partners and business partners, as well as designees, advertisers, marketing firms and related third parties, for purposes of site/Service integrity and so we can provide You with information, data and/or Interactions that we believe You will be interested in.
Some of the content and/or works that you see displayed at the Sites is created or approved by resowave but is not hosted on the Sites. Such embedded content can include videos, tweets, images that are hosted by third-party sites, or audio files such as podcasts (“Embedded
Interactions”) such as Tweets from resowave, or YouTube videos uploaded by resowave or our partners. If You access a page that includes Embedded Interactions, the content file may share data with the hosted site as if you were on or at the hosted site including in the form of
resowave reserve the right to communicate with its users via communications methods provided by each or any user, as may be changed by each user, where resowave may take up to 60 days to
update its databases with new contact information from any user. If You request that resowave send information to a third party, such as a friend, resowave may utilize the contact data provided
by you to forward information to said third party and may retain said contact data as long as we feel necessary for purposes of effecting said correspondence and associated legal and accounting purposes.
You agree to indemnify, defend and hold harmless resowave, LLC, its directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
You agree to indemnify and hold harmless resowave and its officers, directors, employees, agents and affiliates, from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from (a) Your User Submission; (b) Your misuse of the Website, Software or Services; (c) Your violation of this Agreement; (d) a claim, which if true, would constitute a violation by You of Your representations and warranties; (e) a claim alleging Your negligence or willful misconduct related to the Site or Your User Submission; (e) Your violation of any applicable laws, rules or regulations through or related to the use of the Website, Software or Services, or any purchase of any product via the Services. In the event of any claim, allegation, suit or proceeding alleging any matter potentially covered by the agreements in this section, you agree to pay for the defense of the Indemnified Party, including reasonable costs and attorney’s fees incurred by the Indemnified Party.
The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which Event You will fully cooperate with resowave in asserting any available defenses, and You may not settle any claim without the prior written consent of resowave, which shall not be unreasonably withheld. This provision does not require You to indemnify any Indemnified Party for any unconscionable commercial practice by such party, or for such party’s negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website, Software or Services. You agree that the provisions in this section will survive any termination of your account, this Agreement, or your access to the Website, Software and/or Services. You agree that resowave shall not be liable to you or any third-party for any termination of or limitation on your access to the Services.
resowave, LLC. shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
We operate a complaint handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
THE PARTIES MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION. Any dispute relating in any way to your use of resowave, LLC. website
“www. resowave.com”, mobile application or related to products you purchase through resowave, LLC ’s website “www. resowave.com”, mobile application its corresponding features,
and technology platform shall be submitted to confidential arbitration in the State of Florida, United States, except that, to the extent you have in any manner violated or threatened to violate resowave, LLC ’s intellectual property rights, resowave, LLC. may seek injunctive or other appropriate relief in any state or federal court in the United States, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association ("AAA") in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this Arbitration Agreement.
The AAA Rules are available at www.adr.org. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
The interpretation and enforcement of this Policy shall be governed under the laws of the State of Florida. The sole and exclusive venue for any and all issues, claims, or causes of action arising from or related to this Agreement shall be Miami Dade County, Florida.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and resowave, LLC. Any waiver of any provision of the Terms of Service will be effective only if in writing and
signed by a Director of resowave, LLC.