Terms of use

Terms of Use for Tallwave

Effective Date: October 5, 2023

Welcome to Tallwave. These Terms of Use outline the rules and regulations governing your use of our website and services. By accessing or using our website, you agree to be bound by these Terms of Use. If you do not agree with any part of these terms, please refrain from using our website or services.

Use of Our Website and Services:

1. Eligibility: You must be at least 18 years old to use our services. By accessing our website or using our services, you affirm that you are of legal age and capable of entering into a legally binding agreement.
2. User Account: Some features of our services may require you to create an account. You are responsible for maintaining the confidentiality of your account information and are solely responsible for all activities that occur under your account.
3. Acceptable Use: You agree not to use our website or services for any unlawful or unauthorized purposes. You shall not engage in any conduct that may harm, disable, or impair our website or interfere with any other user’s use and enjoyment of our services.

Payment:

Your purchase of services is subject applicable fees (“Fees”). If you use our services, we collect information related to your transaction. This information includes your payment method (credit card or debit card number, account, and authentication information), billing information, and performance location details. You hereby authorize us to charge your credit card. If you fail to pay any fees, we may suspend your access to the Service. By submitting your information, you grant us the right to provide payment information to these third party subject to our Privacy Statement.

You represent and warrant that such payment information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or card expiration date) that may occur.

Intellectual Property Rights:

1. Ownership: All content on our website, including but not limited to text, graphics, logos, images, and software, is the property of Tallwave or its licensors and is protected by applicable intellectual property laws.
2. Limited License: We grant you a limited, non-exclusive, non-transferable license to access and use our website and services for personal and non-commercial purposes. You may not modify, distribute, reproduce, or create derivative works based on our content without our explicit written consent.

Third-Party Content and Links:

1. Third-Party Content: Our website may include content from third parties, including links to third-party websites. We do not endorse or guarantee the accuracy, completeness, or reliability of any third-party content. Your interactions with third-party content and websites are at your own risk.
2. Third-Party Services: Our website may integrate with or enable access to third-party services. Your use of third-party services is subject to their respective terms and conditions, and we disclaim any responsibility for such services.

No Resale, etc. of the Service:

You agree not to copy, sell, resell, rent, or sublicense (including offering the service to third parties on an applications service provider or time-sharing basis), lease, loan, redistribute, or create a derivative work of any portion of the Service, allow unauthorized use or access to the service. You agree not to access the service by any means other than through the interface that is provided by us for use in accessing the service.

Termination:

You acknowledge and agree that we may, in our sole discretion, deny you access to or use of all or part of the Service, without prior notice, for any reason, including, without limitation, if you engage in any conduct that we believe, in our sole discretion: (a) violates any term or provision of this Terms of Service; (b) violates the rights of Tallwave or our partners; or (c) is otherwise inappropriate for continued access and use of the service. In addition, we reserve the right to terminate inactive accounts. Upon termination or suspension, regardless of the reasons therefore, your right to use the services immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account or bar any further access to such files or this service. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.

Disclaimer of Warranties:

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: a) YOUR USE OF SERVICE IS AT YOUR SOLE RISK. SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TALLWAVE AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. b) TALLWAVE AND ITS SUPPLIERS MAKE NO WARRANTY THAT (i) SERVICE WILL MEET YOUR REQUIREMENTS; (ii) SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SERVICE WILL BE ACCURATE OR RELIABLE; AND (iv) THE QUALITY OF ANY PRODUCTS, SERVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH SERVICE WILL MEET YOUR EXPECTATIONS. TALLWAVE AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THE TERMS OF USE OR SERVICE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. TALLWAVE EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF SERVICE WILL SATISFY ANY STATUTORY OR REGULATORY OBLIGATIONS, OR WILL ASSIST WITH, GUARANTEE, OR OTHERWISE ENSURE COMPLIANCE WITH ANY APPLICABLE LAWS OR REGULATIONS, INCLUDING BUT NOT LIMITED TO THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 AND AS MODIFIED AND AMENDED, THE GRAMM-LEACH-BLILEY ACT OF 1999 AND AS MODIFIED AND AMENDED, THE SARBANES-OXLEY ACT OF 2002 AND AS MODIFIED AND AMENDED, OR OTHER FEDERAL OR STATE STATUTES OR REGULATIONS. 

YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF SERVICE, RELATED SERVICES, OR CONTENT IS IN ACCORDANCE WITH APPLICABLE LAW. TALLWAVE IS NOT RESPONSIBLE FOR ANY INFORMATION NOT PROVIDED IN SERVICE. TALLWAVE DOES NOT GUARANTEE, IMPLICITLY OR EXPLICITLY, ANY RESULTS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF SERVICE IS DONE AT YOUR OWN DISCRETION AND 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. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TALLWAVE OR THROUGH OR FROM SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

Limitation of Liability:

1. To the maximum extent permitted by law, Tallwave and its affiliates shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from your use of our website or services.
2. In jurisdictions where limitations of liability are not permitted, our liability shall be limited to the extent permitted by law.

Indemnification:

You agree to indemnify and hold harmless Tallwave and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses arising from your use of our website, violation of these Terms of Use, or infringement of any third-party rights.

Changes to Terms of Use:

We reserve the right to update these Terms of Use at any time without prior notice. The latest version will be posted on our website, and your continued use of our services after such changes constitutes your acceptance of the updated terms.

Governing Law and Jurisdiction:

These Terms of Use shall be governed by and construed in accordance with the laws of Arizona, without regard to its conflict of law principles. Any dispute arising out of or in connection with these Terms of Use shall be subject to the exclusive jurisdiction of the courts of Arizona.

If you have any questions or concerns about these Terms of Use, please contact us at: privacy@tallwave.com

By using our services, you signify your acceptance of these Terms of Use. If you do not agree with these terms, please refrain from using our website or services.