This Agreement may be amended by us from time to time without
specific notice to you. The latest Agreement will be posted on the Site, and
you should review this Agreement prior to using the Site.
2. Membership
After you become a member, you may order products, use the tool provided to
promote the products and the opportunity to others to earn reward points, redeem
the reward points, access your account to check the activities, and etc.
You represent and warrant that you are at least 18 years old.
You represent that you are ordering NuWave products and/or accessing the Site
from within the United States. NuWave products will not be shipped into or sold
in any country outside of the United States.
You agree to provide true, accurate, current and complete information
about yourself as prompted by the “Create an Account” form and promptly
update the information to keep it true, accurate, current and complete. If you
provide any information that is untrue, inaccurate, not current or incomplete,
or NuWave has reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, NuWave has the right to suspend or terminate
your account and refuse any and all current or future use of the Site.
3. Member Account, Password and
Security
You will have a password and account designation upon completing the “Create
an Account” process. You are responsible for maintaining the confidentiality
of the password and account and are fully responsible for all activities that
occur under your password or account. You agree to immediately notify NuWave
of any unauthorized use of your password or account or any other breach of security,
and ensure that you exit from your account at the end of each session. NuWave
cannot and will not be liable for any loss or damage arising from your failure
to comply with this Section.
4. Award Points
You can earn, use and redeem award points according to what states on the Online
Training. The award point are calculated and store on member’s account
by the software program. Due to the potential huge amount of transactions, we
will NOT accept any request for tracing activities in your account or any other
member’s account. We will not show you or other members the paper or electronic
records other than those posted on our Web site.
5. Annual Membership Fee
You agree to pay a annul membership fee to use the site. NuWave will charge
you the membership fee by directly deducting from your reward points. If there
are not enough reward points in your account, NuWave will notify you through
e-mail. If you fail to pay the annul membership fee in 30 days, NuWave has the
right to suspend or terminate your account and refuse any and all current or
future use of the Site.
6. Minimum Purchase Requirement
You are required to make a purchase for at least US$10 every three months. If
you fail to do so, NuWave will remind you through e-mail; but NuWave has the
right to suspend or terminate your account and refuse any and all current or
future use of the Site.
7. Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify
our acceptance of your order, nor does it constitute confirmation of our offer
to sell. NuWave reserves the right at any time after receipt of your order to
accept or decline your order for any reason. NuWave further reserves the right
any time after receipt of your order, without prior notice to you, to supply
less than the quantity you ordered of any item. Your order will be deemed accepted
by NuWave upon shipment of products or performance of services that you have
ordered. Title to goods passes to you upon delivery to the common carrier.
8. No Responsibility to Sell Mispriced
products or Services
NuWave have the right to refuse or cancel any orders placed for products and/or
services listed at an incorrect price, rebate or refund, or containing any other
incorrect information or typographical errors. NuWave shall have the right to
refuse or cancel any such orders whether or not the order has been confirmed
and your payment has been made. If your payment has already been made for the
purchase and your order is canceled, NuWave shall immediately refund to your
account in the amount of the charge.
9. Change of Prices or Payment
Terms
NuWave RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS
FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE
OR BY E-MAIL DELIVERY TO YOU.
10. Payments
You represent and warrant that if you are purchasing something from us or from
Merchants that (i) any credit information you supply is true and complete, (ii)
charges incurred by you will be honored by your credit card company or payment
processing company, and (iii) you will pay the charges incurred by you at the
posted prices, including any applicable taxes.
11. Return Policy
For products specified “No return, No refund” can only be returned
for replacement if it is defective. Otherwise, if a product purchased is defective
or not to your satisfaction, you can return it for replacement or refund. When
returning product, you should contact us to obtain an RMA (Returned merchandise
authorization) number within 14 days of receipt the product. Then return the
product in its ORIGINAL CONDITION within 7 days of obtaining the RMA number
at your expense of shipping charge. We will send a replacement or refund the
purchase amount less shipping and handling charges incurred. Some products may
not be available for replacement, and may, at our discretion be exchanged for
an item of equal value.
12. Termination
You agree that NuWave may, under certain circumstances and without prior notice,
immediately terminate your account and access to the Site. Cause for such termination
shall include, but not be limited to, (a) breaches or violations of this Agreements,
(b) requests by law enforcement or other government agencies, (c) a request
by you (self-initiated account deletions), (d) discontinuance or material modification
to the Site, (e) unexpected technical or security issues or problems, (f) extended
periods of inactivity, (g) engagement by you in fraudulent or illegal activities,
and/or (h) nonpayment of any fees owed by you in connection with the Site.
13. Copyright
The content, organization, graphics, design, compilation, magnetic translation,
digital conversion and other matters related to the Site are protected under
applicable copyrights, trademarks and other proprietary (including but not limited
to intellectual property) rights. The copying, redistribution, use or publication
by you of any such matters or any part of the Site is strictly prohibited. You
do not acquire ownership rights to any content, document or other materials
viewed through the Site. The posting of information or materials on the Site
does not constitute a waiver of any right in such information and materials.
Some of the content on the site is the copyrighted work of third parties.
14. Service Marks
“www.nuwaves1.com" and “Nuwave Better Life Inc.” are
our service marks or registered service marks or trademarks. Other product and
company names mentioned on the Site may be trademarks of their respective owners.
15. Restrictions and Prohibitions
on Use
Your access and use of the Site and any information, materials or documents
(collectively defined as “Content and Materials”) therein are subject
to the following restrictions and prohibitions on use: You may not (a) copy,
print (except for the express limited purpose permitted by Section 4 above),
republish, display, distribute, transmit, sell, rent, lease, loan or otherwise
make available in any form or by any means all or any portion of the Site or
any Content and Materials retrieved therefrom; (b) use the Site or any materials
obtained from the Site to develop, of as a component of, any information, storage
and retrieval system, database, information base, or similar resource (in any
media now existing or hereafter developed), that is offered for commercial distribution
of any kind, including through sale, license, lease, rental, subscription, or
any other commercial distribution mechanism; (c) create compilations or derivative
works of any Content and Materials from the Site; (d) use any Content and Materials
from the Site in any manner that may infringe any copyright, intellectual property
right, proprietary right, or property right of us or any third parties; (e)
remove, change or obscure any copyright notice or other proprietary notice or
terms of use contained in the Site; (f) make any portion of the Site available
through any timesharing system, service bureau, the Internet or any other technology
now existing or developed in the future; (g) remove, decompile, disassemble
or reverse engineer any Site software or use any network monitoring or discovery
software to determine the Site architecture; (h) use any automatic or manual
process to harvest information from the Site; (i) use the Site for the purpose
of gathering information for or transmitting (1) unsolicited commercial email;
(2) email that makes use of headers, invalid or nonexistent domain names, or
other means of deceptive addressing; and (3) unsolicited telephone calls or
facsimile transmissions; (j) use the Site in a manner that violates any state
or federal law regulating email, facsimile transmissions or telephone solicitations;
and (k) export or re-export the Site or any portion thereof, or any software
available on or through the Site, in violation of the export control laws or
regulations of the United States.
16. Anti-Spam Policy
NuWave strictly prohibits the sending of unsolicited bulk email (spam). Spam
is defined for this purpose as sending ten or more messages similar in content
to any persons, entities, newsgroups, forums, email lists, or other groups or
lists unless prior authorization has been obtained from the email recipient
or unless a business or personal relationship has already been established with
the email recipient. NuWave also prohibits using false headers in emails or
falsifying, forging or altering the origin of any email in connection with NuWave,
and/or its products and services.
17. Advertisers
The Site may contain advertising and sponsorships. Advertisers and sponsors
are responsible for ensuring that material submitted for inclusion on the Site
is accurate and complies with applicable laws. We are not responsible for the
illegality or any error, inaccuracy or problem in the advertiser’s or
sponsor’s materials.
18. Errors, Corrections and Changes
We do not represent or warrant that the Site will be error-free, free of viruses
or other harmful components, or that defects will be corrected. We do not represent
or warrant that the information available on or through the Site will be correct,
accurate, timely or otherwise reliable. We may make changes to the features,
functionality or content of the Site at any time. We reserve the right in our
sole discretion to edit or delete any documents, information or other content
appearing on the Site.
19. Unlawful Activity
We reserve the right to investigate complaints or reported violations of this
Agreement and to take any action we deem appropriate, including but not limited
to reporting any suspected unlawful activity to law enforcement officials, regulators,
or other third parties and disclosing any information necessary or appropriate
to such persons or entities relating to your profile, email addresses, usage
history, posted materials, IP addresses and traffic information.
20. Indemnification
You agree to indemnify, defend and hold us and our partners, agents, officers,
directors, employees, subcontractors, successors, assigns, third party suppliers
of information and documents, attorneys, advertisers, product and service providers,
and affiliates (collectively, "Affiliated Parties") harmless from
any liability, loss, claim and expense, including reasonable attorney's fees,
related to your violation of this Agreement or use of the Site.
21. Disclaimer
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED
"AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”,
AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED
TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS,
PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY
WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN
SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED
PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION,
OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT
(INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH
ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU.
THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD
NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL
CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS
AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES
CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
22. Limitation of Liability
We and any Affiliated Party shall not be liable for any loss, injury, claim,
liability, or damage of any kind resulting in any way from (a) any errors in
or omissions from the Site or any services or products obtainable therefrom,
(b) the unavailability or interruption of the Site or any features thereof,
(c) your use of the Site, (d) the content contained on the Site, or (e) any
delay or failure in performance beyond the control of a Covered Party.
THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN
CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE
PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL
NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH
YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
23. Use of Information
We reserve the right, and you authorize us, to the use and assignment of all
information regarding Site uses by you and all information provided by you in
any manner consistent with our Privacy Policy. All remarks, suggestions, ideas,
graphics, or other information communicated by you to us (collectively, a "Submission")
will forever be our property. We will not be required to treat any Submission
as confidential, and will not be liable for any ideas (including without limitation,
product, service or advertising ideas) and will not incur any liability as a
result of any similarities that may appear in our future products, services
or operations. Without limitation, we will have exclusive ownership of all present
and future existing rights to the Submission of every kind and nature everywhere.
We will be entitled to use the Submission for any commercial or other purpose
whatsoever, without compensation to you or any other person sending the Submission.
You acknowledge that you are responsible for whatever material you submit, and
you, not us, have full responsibility for the message, including its legality,
reliability, appropriateness, originality, and copyright.
24. Third-Party Services
We may allow access to or advertise certain third-party product or service providers
("Merchants") from which you may purchase certain goods or services.
You understand that we do not operate or control the products or services offered
by Merchants. Merchants are responsible for all aspects of order processing,
fulfillment, billing and customer service. We are not a party to the transactions
entered into between you and Merchants. You agree that use of or purchase from
such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY
US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR
PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE
LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS
OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED
TO OUR SITE.
25. Privacy Policy
Our Privacy Policy, as it may change from time to time, is a part of this Agreement.
You must review this Privacy
Policy.
26. Securities Laws
The Site may include statements concerning our operations, prospects, strategies,
financial condition, future economic performance and demand for our products
or services, as well as our intentions, plans and objectives (particularly with
respect to product and service offerings), that are forward-looking statements.
These statements are based upon a number of assumptions and estimates which
are subject to significant uncertainties, many of which are beyond our control.
When used on our Site, words like "anticipates," "expects,"
"believes," "estimates," "assumes," "plans,"
"intends," "will" and similar expressions are intended to
identify forward-looking statements designed to fall within securities law safe
harbors for forward-looking statements. The Site and the information contained
herein does not constitute an offer or a solicitation of an offer for sale of
any securities. None of the information contained herein is intended to be,
and shall not be deemed to be, incorporated into any of our securities-related
filings or documents.
27. Links to other Web Sites
The Site contains links to other Web sites. We are not responsible for the content,
accuracy or opinions express in such Web sites, and such Web sites are not investigated,
monitored or checked for accuracy or completeness by us. Inclusion of any linked
Web site on our Site does not imply approval or endorsement of the linked Web
site by us. If you decide to leave our Site and access these third-party sites,
you do so at your own risk.
28. Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes,
ordinances and regulations regarding your use of the Site and the Content and
Materials provided therein.
29. Miscellaneous
This Agreement shall be treated as though it were executed and performed in
Los Angeles, California, and shall be governed by and construed in accordance
with the laws of the State of California (without regard to conflict of law
principles). Any cause of action by you with respect to the Site (and/or any
information, Documents, products or services related thereto) must be instituted
within one (1) year after the cause of action arose or be forever waived and
barred. All actions shall be subject to the limitations set forth in Section
15. The language in this Agreement shall be interpreted as to its fair meaning
and not strictly for or against any party. This Agreement and all incorporated
agreements and your information may be automatically assigned by us in our sole
discretion to a third party in the event of an acquisition, sale or merger.
Should any part of this Agreement be held invalid or unenforceable, that portion
shall be construed consistent with applicable law and the remaining portions
shall remain in full force and effect. To the extent that anything in or associated
with the Site is in conflict or inconsistent with this Agreement, this Agreement
shall take precedence. Our failure to enforce any provision of this Agreement
shall not be deemed a waiver of such provision nor of the right to enforce such
provision. Our rights under this Agreement shall survive any termination of
this Agreement.
30. Arbitration.
Any legal controversy or legal claim arising out of or relating to this Agreement
or our services, excluding legal action taken by us to collect or recover damages
for, or obtain any injunction relating to, Site operations, intellectual property,
and our services, shall be settled solely by binding arbitration in accordance
with the commercial arbitration rules of JAMS. Any such controversy or claim
shall be arbitrated on an individual basis, and shall not be consolidated in
any arbitration with any claim or controversy of any other party. The arbitration
shall be conducted in Los Angeles, California, and judgment on the arbitration
award may be entered into any court having jurisdiction thereof. Either you
or us may seek any interim or preliminary relief from a court of competent jurisdiction
in Los Angeles, California necessary to protect the rights or property of
you and us pending the completion of arbitration. Each party shall bear one-half
of the arbitration fees and costs incurred through JAMS.