GREENWAVE RADIOS TERMS OF USE

(REV 8.27.2020)

GreenWave Radios (“GreenWave”) maintains and operates this website to provide information, data, materials, product and marketing information, research and development tools, electronic documents, images, databases, text, graphic files and other online services (“Content”) to users of our  website (“Website”).

  1. ACCEPTANCE OF TERMS

By accessing or using this Website or downloading Content from it, you agree without limitation or qualification to have read and to abide by these Terms of Use (“Terms”).  If you do not agree to abide by these Terms, please do not view or use the Website or download Content from it.

If you access and use the Website and the Content on behalf of a business entity, that business entity accepts these Terms, and you specifically represent and warrant that you have full power and authority to bind the business entity to these Terms.  References to “you” in these Terms shall refer to you personally, and the business entity on whose behalf you are using this Website or downloading any Content.

We reserve the right to add, change, or remove any part of these Terms at any time without notice. Any changes in these Terms will be prospective, unless retroactive effect is required by applicable laws. By continuing to use the Website, you are indicating your acceptance of any changes to these Terms. We may also add, change, discontinue, remove, or otherwise modify any Content posted on this Website, including products and service features and specifications, temporarily or permanently, at any time without notice or liability. We reserve the right to restrict or terminate any person’s access or use of the Website or a part of the Website without notice at any time without liability, and in our sole discretion.

  1. USE RESTRICTIONS

Subject to these Terms, GreenWave grants you permission to access and use this Website, and to download, reproduce, display, and distribute Content for you own internal business purposes.  Except for the foregoing, no Content may be reproduced, duplicated, mirrored, modified, displayed, distributed, copied, sold, resold, visited, or otherwise exploited for any purpose without our express prior written consent.

Product names, trade and company names, trade and service marks, trade dress, logos, and taglines (collectively "Trademarks") displayed on the Website, whether marked or unmarked, might be registered or unregistered Trademarks of GreenWave Radios or a third party. Nothing herein or set forth on the Website shall be construed as granting a license or right to use any Trademarks without written permission, except for any specific use permitted under applicable trademark law or other laws.

The Content of this Website is protected by Copyright Laws of the United States. and other countries, and by international treaty provisions and is owned by, or licensed to, GreenWave.  You may download Content only for your own business use, provided you also retain all copyright and other proprietary notices, but no modification or further reproduction of the Content is permitted. Website Content may not be distributed, reproduced, publicly displayed, downloaded, modified, reused, re-posted, or otherwise used except as provided in these Terms without our express prior written consent.

You agree not to use this Website or any Content in a manner that violates any applicable law or regulation.  You further agree not to harass or harm another person or company; not to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; not to interfere with or disrupt the Website or servers or networks connected to the Website; and not to attempt to gain unauthorized access to any portion of our information processing or computer systems or networks connected to the Website or any accounts of any other users of our Website, whether through hacking or any other means.

We reserve the absolute and unconditional right, in our sole discretion, to terminate, suspend, or modify your registration with or access to all or any portion of our Website, without notice, at any time and for any reason.

  1. ACCOUNT REGISTRATION

You may wish to create an Account on the Website in order to enjoy some benefits and Website features. To create an Account, you will need to complete and submit a Customer Portal Account Registration Form in accordance with instructions that are included in it. Once we have received your completed Customer Portal Account Registration Form and verified the accuracy of its contents, we will establish your Account and send you confirmation of our acceptance of your registration.

Before we can assign the Access Code, we must collect, process, and use personal information or data related to your contact details that may be protected by worldwide data protection laws. You must consent to such collection/use/processing and must review and expressly agree to our Privacy Policy.  Additionally, any personal information that you provide to us or that we collect through or in connection with your access to or use of this Website, whether as part of your Account registration or otherwise, shall be used and processed in accordance with Privacy Policy.

You must have a valid user ID and password to access your Account on the Website. You accept all responsibility for the security of your user ID and password, and utilization of the Website and your Account. This includes unauthorized access by your employees or third parties.  Please notify us immediately if your employment with your organization is terminated, if you wish to terminate your user ID and password, or if you wish to have these Access Codes reissued.  Do not disclose your Access Codes to anyone. In the event of theft or loss of a password or User ID, you should immediately notify us and provide written notice of the circumstances surrounding the event.

By submitting an Account Registration form and opening an Account, you represent and warrant to us that all information you provide is current, complete, and correct, and that you will promptly update such information following any change which renders it incomplete or incorrect. You are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer, and you agree to accept full responsibility for all activities that occur under your Account or password.  We may access, refuse service, or cancel your Account without notice, at any time and for any reason, including without limitation, if we suspect that any information provided by you is untrue, inaccurate, incomplete, not current, misleading, or fraudulent.

GreenWave products are sold under separate Terms of Sale, which you must accept in order to purchase GreenWave  products.

  1. INFORMATION YOU SUBMIT

Certain features of our Website may allow you to post or submit information. You may do so, as long as such information is not proprietary, confidential, illegal, obscene, threatening or defamatory.  You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any information you submit.

If you do post or submit information, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such information throughout the world in any media, and you grant us the right to use your name and your company’s name in connection with such information. You represent and warrant that you own or otherwise control all of the rights to such information, that you have the right to post it or submit it, and that neither the information nor your posting or submitting it to us infringes upon, misappropriates, or otherwise violates any intellectual property rights of any third parties. We have the right, but not the obligation, to monitor and edit or remove any information that you submit or post.

  1. SPECIFIC NOTICE REGARDING SOFTWARE

GreenWave makes certain software available for you to download for evaluation and development purposes.  This software may include download tools, example software binaries, and software documentation.  This Software is copyrighted by GreenWave.

  1. COOKIES

We use cookies to enhance your experience on our website. A cookie is a small text file that is placed on your computer or mobile device. We store information in these text files as you navigate our website, and we can retrieve and use the information we place in these files.

We use cookie technology in several ways to enhance your experience on and continuously improve our Website.  Among other things, cookies enable us to remember you when you return to our Website; identify you when you sign-in; authenticate your access to your Account; keep track of your specified preferences, interests, or choices; tailor Content to your preferences, interests, or geographic region; display personalized browsing history; deliver personalized or customized Content on our Website and third party websites; track activity, downloads, and page views; monitor site usage; conduct research and diagnostics to improve our Content and products; and maintain and improve our Website by providing insight into how visitors find and use the Website and to help us analyze web traffic in general. We may also use cookies in interactions where you request or download Content.

These are the types of cookies used on our websites:

Session Cookies:  Session cookies are created when you visit our website. Session cookies identify your browsing session and allow our servers to communicate back and forth to your computer or mobile device as you navigate our website.  If you do not allow session cookies, you will not be able to sign into our website and access your Account.  Session cookies are only used for the length of your browsing session and are deleted automatically from your computer when you end the session.

Persistent Cookies:  Persistent cookies are text files that are stored on your computer or mobile device during and between browser sessions. Mostly, these cookies are used to remember your preferences, to personalize your experience, and to remember information that you provided so that you do not have to re-enter this information every time you visit with us. For example, if you choose a language option, we will remember that choice. The next time you visit our website, the screens will display in your chosen language.  Persistent cookies remain on your computer or mobile device for longer than a browsing session and have varying expiration dates, upon which the cookie is deleted.

Third Party Cookies:  Besides placing our own cookies on your computer or mobile device, we may also allow certain third parties to place cookies to track and analyze data relating to visits to our website.  Third Party cookies contain the information needed to execute the functionality or service provided by our partners such as when you want to share content on our website via social media. These third parties will manage the data they collect, which they may combine with other information they have in accordance with their privacy policies. If you block Third Party cookies most of our website will work without a problem; however, we do not recommend blocking these cookies as some functionality and services will not work correctly without them.

To manage cookies in accordance with your preferences you can use the privacy settings of your browser (see your browser help page for instructions and options).

  1. THIRD PARTY WEBSITES

We may provide links to, or embedded content from, websites maintained by third parties. Such third party websites are not under our control and we are not responsible for the content, products, services or other materials on or available through such websites or the actions of the operators of such websites. We provide links and access to such third party websites only as a convenience to our users, and we do not endorse the content, products, services, or operators of such websites. Use of third party websites, features, and tools is governed by the applicable terms of use and privacy practices of such websites and services, and GreenWave does not provide any warranty or representation of any third party products or services, either standing alone or in connection with any GreenWave product or service. We have no responsibility for the content, security, or privacy practices of such other websites, and we shall not be liable for any damages or injury arising from that content, security, or privacy practices.

  1. WARRANTIES AND DISCLAIMERS

While we have made reasonable efforts to ensure the accuracy of the information and Content on this website, GreenWave does not guarantee that all information or Content is error-free, nor do we make any other representation, warranty, or guarantee that the information and Content is accurate, correct, reliable or current, or that the Website is secure.  We reserve the right to make any changes to the information and Content contained on the Website at any time without notice. GreenWave expressly disclaims all implied warranties regarding the information and Content on this Website, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or noninfringement of third party intellectual property rights. The specifications for and other information or Content relating to GreenWave products or services are for reference purposes only, and are subject to change without notice.

GreenWave and its subsidiaries, affiliates, partners, representatives, licensors, and suppliers shall have no liability for any damages or injury resulting from your access to, or inability to access, this Website, or from your use of or reliance on any Content posted on the Website. GreenWave shall have no liability for any damages to, or viruses or other harmful code that may infect, your computer system or other property in connection with your access to or use of the Website, or your downloading of any Content from the Website.

  1. INDEMNITY AND LIMITATION OF LIABILITY

You agree to indemnify, defend, and hold GreenWave and its subsidiaries, affiliates, and representatives harmless from and against any and all liability and costs (including attorneys fees and expenses) incurred in relation to or arising from any breach by you of these Terms of Use, or from your violation of applicable law, regulation, or rights of any third party in connection with your access or use of the Website and the Content.

In no event shall GreenWave or its subsidiaries, affiliates, licensors, representatives, or suppliers be liable for any direct, indirect, incidental, special, or consequential damages of any kind, or any other damages whatsoever arising out of or in connection with the access, use, inability to access, or use this Website, the Content, or any user content, even if we have been advised of the possibility of such damages. GreenWave will not be liable for, and will not defend or indemnify you against, any third party claims, including but not limited to claims for infringement or misappropriation of any third party intellectual property rights, based upon your use of or reliance upon the Website or any Content therein.

  1. EXPORT CONTROL

Exports, re-exports, and transfers of GreenWave products, technology and technical data, are subject to US export controls and sanctions. You agree to comply with all applicable export and reexport control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control, and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State.  Specifically, you covenant and agree that you will not -- directly or indirectly -- sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from GreenWave to any destination, entity, or person prohibited by the laws or regulations of the United States, without obtaining prior authorization from the competent government authorities as required by those laws and regulations.

  1. CHOICE OF LAW; PRODUCT AVAILABILITY

This Website is operated and administered for use within the United States. If you access this Website from a location outside of the United States, you are responsible for compliance with all applicable local laws. These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions. You agree to submit to the jurisdiction of the courts located in the State of California in the United States for the resolution of all disputes and claims and causes of action related to or arising from these Terms and/or your use of the Website and the Content.

This Website may reference specific GreenWave products and services that may not be available in a particular country or location, and such a reference does not imply or warrant that any such products and services shall be available at any time in any particular country.

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