These terms and conditions (the "Terms and Conditions") govern the use of www.remedywave.com (the "Site"). These Terms and Conditions apply to www.remedywave.com and RemedyWave℠
. For the purposes of these Terms and Conditions, unless otherwise noted, all references to RemedyWave or the "Site" include www.remedywave.com and RemedyWave℠. This Site is a technical support service help desk site that sells a variety of information technology (IT) support services. By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times. You represent that you are over the age of 18. RemedyWave does not permit those under 18 to use any of the services we provide. We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms and Conditions.
THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.
Intellectual Property
All content published and made available on our Site is the property of website owner and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site. Acceptable Use As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:
Harass or mistreat other users of our Site;
Violate the rights of other users of our Site;
Violate the intellectual property rights of the Site owners or any third party to the Site;
Act in any way that could be considered fraudulent; or
Post any material that may be deemed inappropriate or offensive.
If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.
Customer Accounts
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our service. For our R-Pass customer technical support portal, you are given a Customer ID and Access Code (Password), which is used to access your account information and your technical support cases.
You are responsible for safeguarding the password that you use to access the services at RemedyWave.com. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the Customer ID of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Services
The following services are available on our Site:
Financial Database Management Service
Complete Data Center Server and Network Implementation Technical Support
Total IT Process Assessments
Help Desk Solutions
Data Center Outsourcing Support
The services will be paid for in full upon the completion of the service. These Terms and Conditions apply to all the services that are displayed on our Site at the time you access it. All information, descriptions, or images that we provide about our services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all services we provide. You agree to purchase services from our Site at your own risk.
We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.
Technical Support Subscriptions
Your subscription does not automatically renew. You will be notified before your next payment is due and must authorize that payment in order for your subscription to continue. To cancel your subscription, please follow these steps: Can cancel service contract at any time. Contact customer support or sales for any such requests.
Payments
When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument. The moment your payment has successfully processed, we delete any and all personal payment information. We do not store customer credit card or bank wire transfer details on any of our servers. A payment history is stored with your account, but it contains no personal bank account or credit card information. If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.
United States Legal Compliance
You represent and warrant that (a) you are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (b) you are not listed on any United States government list of prohibited or restricted parties.
Consumer Protection Law
Where any consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
Indemnity Except where prohibited by law, by using this Site you indemnify and hold harmless website owner and our directors, officers, agents, staff, consultants, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.
Limitation of Liability
Notwithstanding any damages that you might incur, the entire liability of RemedyWave under any provision of these terms and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the services. The website owner and our directors, officers, agents, staff, consultants, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.
To the maximum extent permitted by applicable law, in no event shall RemedyWave be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the services, third-party software and/or third-party hardware used with the services, or otherwise in connection with any provision of this terms), even if RemedyWave has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
"AS IS" Disclaimer
The RemedyWave services are provided to you "AS IS" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, RemedyWave, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the services, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, RemedyWave provides no warranty or undertaking, and makes no representation of any kind that the services will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing RemedyWave makes any representation or warranty of any kind, express or implied: (a) as to the operation or availability of the services, or the information, content, and materials or products included thereon; (b) that the services will be uninterrupted or error-free; (c) as to the accuracy, reliability, or currency of any information or content provided through the services; or (d) that the services, its servers, the content, or e-mails sent from or on behalf of the RemedyWave are free of viruses or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Applicable Law
The laws of the United States, excluding its conflicts of law rules, shall govern this terms and your use of RemedyWave services. Your use of the services may also be subject to other local, state, national, or international laws.
These Terms and Conditions are also governed by the laws of the State of California. Dispute Resolution Subject to any exceptions specified in these Terms and Conditions, if you and website owner are unable to resolve any dispute through informal discussion, then you and website owner agree to submit the issue first before a non-binding mediator and to an arbitrator in the event that mediation fails. The decision of the arbitrator will be final and binding. Any mediator or arbitrator must be a neutral party acceptable to both you and website owner.
Notwithstanding any other provision in these Terms and Conditions, you and website owner agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement.
Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
Changes These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.
Please contact us if you have any questions or concerns. Our contact details are as follows: