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Conditions of Use

1. You Agree to These Terms by Using this Site

Your access to, and use of, www.RadicalWavesInc.com, including the content and Services provided there (collectively, the “Site”) are subject to the following Terms of Use and all applicable laws and regulations. If you do not agree and accept, without limitation or qualification, these Terms of Use, please exit the Site.

2. Ownership of Content

The Site and all of its contents including, but not limited to, all text and images ("Content") are owned by Radical Waves, Inc., its subsidiaries, affiliated companies or others with all rights reserved unless otherwise noted. Any Content that is a trademark, logo, or service mark is also a registered and unregistered trademark of Radical Waves, Inc. or others. Your use of any Content, except as provided in these Terms of Use, without the written permission of Radical Waves, Inc. or others is strictly prohibited. You are also advised that Radical Waves, Inc. will aggressively enforce its intellectual property rights and others to the fullest extent of the law, including the seeking of criminal prosecution.

3. Your Use of the Site

Radical Waves, Inc. grants you permission to use the Site as follows:

  • You must comply with all applicable laws, rules and regulations while using the Site; you may not distribute, modify, copy (except as set forth above), transmit, display, reuse, reproduce, publish, license, create derivative works from, transfer, sell or otherwise use Content without Radical Waves, Inc. written permission;
  • You are prohibited from using the Site to post or transmit any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law - Radical Waves, Inc. will fully cooperate with any law enforcement authorities or any court order requesting or directing Radical Waves, Inc. to disclose the identity of anyone posting or transmitting any such information or materials;
  • You are prohibited from using the Site to impersonate any person or entity, including any representative of Radical Waves, Inc., or falsely stating or otherwise misrepresenting your affiliation with any person or entity in connection with the Site; or stating or implying that we endorse any statement you make;
  • You are prohibited from using the Site to advertise or perform any commercial solicitation, or otherwise exploiting for any commercial purposes any portion of, use of or access to the Site.
  • You are prohibited from using the Site to post or transmit any virus, worm, Trojan Horse, easter egg, time bomb, spyware or other computer code, file or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment;
  • You are prohibited from using the Site to violate the legal rights of others or harvest or collect personally identifiable information about users of the Site;
  • You are prohibited from restricting or inhibiting any other person from use of the Site, and from interfering with or disrupting the operation of the Site or the servers or networks used to make the Site available or violating any requirements, procedures, policies or regulations of such networks;
  • You are prohibited from modifying, adapting, translation, reverse engineering, decompiling or disassembling any portion of the Site.

4.Registration; User Names and Passwords

You may be required to register with Radical Waves, Inc. in order to access certain areas of the Site. With respect to any such registration, we may refuse to grant you, and you may not use, a user name (or email address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. You are responsible for maintaining the confidentiality of any password you may use to access the Site, and agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Site, to any third party. You are fully responsible for all interaction with the Site that occurs in connection with your password or user name. You agree to immediately notify Radical Waves, Inc. of any unauthorized use of your password or user name or any other breach of security related to your account or the Site, and to ensure that you "log off"/exit from your account with the Site (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.

5. Privacy

Any personal data (for example, your name, address, telephone number or e-mail address) you transmit to the Site by electronic mail or otherwise will be used by Radical Waves, Inc. in accordance with the Site’s Privacy Policy as posted. Any other communication or material you transmit to the Site, such as questions, comments, suggestions or the like, will be treated as non-confidential and nonproprietary. Email and other transmissions will not be encrypted or otherwise secured. You represent and warrant that any information you provide in connection with your use of the Site is and shall remain true, accurate, and complete, and that you will maintain and update such information regularly. You agree that if any information you provide is false, inaccurate, obsolete or incomplete, we may terminate your use of the Site.

6. Links to Third Party Sites

The Site may contain links to sites owned or operated by parties other than Radical Waves, Inc. Such links are provided for your convenience only. Radical Waves, Inc. does not control, and is not responsible for, the content or privacy policies on, or the security of, such sites. Without limiting the foregoing, Radical Waves, Inc. specifically disclaims any responsibility if such sites:

  • infringe any third party's intellectual property rights;are inaccurate, incomplete or misleading;
  • are not merchantable or fit for a particular purpose;
  • do not provide adequate security;
  • contain viruses or other items of a destructive nature; or
  • are libelous or defamatory.

Radical Waves, Inc. does not endorse the content, or any products or services available, on such sites. If you establish a link to such sites, you do so at your own risk and without the permission of Radical Waves, Inc

7. Cautionary Language Regarding Forward-Looking Statements

This Site may contain statements, estimates or projections that constitute "forward-looking statements" as defined under U.S. federal securities laws. Generally, the words "believe," "expect," "intend," "estimate," "anticipate," "project," "will" and similar expressions identify forward-looking statements, which generally are not historical in nature. Forward-looking statements are subject to certain risks and uncertainties that could cause actual results to differ materially from Radical Waves, Inc. historical experience and our present expectations or projections. These risks include, but are not limited to, our ability to finance expansion plans, share repurchase programs and general operating activities; and changes in consumer preferences; regulatory and legal changes; changes in economic and political conditions; our ability to penetrate developing and emerging markets; the effectiveness of our advertising and marketing programs; litigation uncertainties; adverse weather conditions. You should not place undue reliance on forward-looking statements, which speak only as of the date they are made. Radical Waves, Inc. undertakes no obligation to publicly update or revise any forward-looking statements.

8. Indemnity

You agree to defend, indemnify and hold harmless Radical Waves, Inc. and any other party involved in creating, producing or delivering the Site, and their respective directors, officers, employees, agents, shareholders, licensors and representatives, from and against all claims, losses, costs and expenses (including without limitation attorneys fees) arising out of (a) your use of, or activities in connection with, the Site, the Services or the Software; (b) any violation of these Terms of Use by you or through your account; or (c) any allegation that any Submission or User Content that you make available or create through the Site, the Services or the Software infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party.

9. Termination

You agree that Radical Waves, Inc., in its sole discretion, may terminate your access to or use of the Site and the Services, at any time and for any reason, including without limitation if Radical Waves, Inc. believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Upon any such termination, your right to use the Site and the Services will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that Radical Waves, Inc. may immediately deactivate or delete your account and password, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that Radical Waves, Inc. will not be liable to you or any third party for any termination of your access to the Site or to any such information or files, or will be required to make such information or files available to you after any such termination.

10. Revisions to the Terms

Radical Waves, Inc. may at any time, and without notice, revise these Terms of Use by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms of Use.

11. Revisions to the Site

We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify or discontinue the Site, the Services or the Software, with or without notice; limit the Site’s availability to any person, geographic area or jurisdiction we choose; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that Radical Waves, Inc. shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, in whole or in part, or of any Service, Software, content, Submission, feature or product offered through the Site. Your continued use of the Site after such changes will indicate your acceptance of such changes.

12. Law and Jurisdiction

If you are a resident of the United States:

These Terms of Use and your use of the Site are governed by the laws of the State of Pennsylvania, USA, without regard to its choice of law provisions. The courts of general jurisdiction located within Monroe County, Pennsylvania, USA, will have exclusive jurisdiction over any and all disputes arising out of, relating to or concerning these Terms of Use and/or the Site or in which these Terms of Use and/or the Site are a material fact, and you waive any jurisdictional, venue or inconvenient forum objections to such courts.

13. Severability

If any provision of these Terms of Use are found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provision.

14. Filtering

Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the following web site: http://www.staysafe.org/

15. Claims of Copyright Infringement

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send Radical Waves, Inc. a notice requesting that Radical Waves, Inc. remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send Radical Waves,Inc. a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to:

Radical Waves, Inc.
P.O. Box 844
Tannersville PA, 18372
Phone: 570-619-8742
Email: radicalwaves72@hotmail.com

Details are available at http://www.copyright.gov/onlinesp/

We suggest that you consult your legal advisor before filing a notice or counter-notice. Please be aware that there are penalties for false claims under the DMCA.

16. Void Where Prohibited

Although this Site is accessible worldwide, not all services discussed or referenced in this website are available to all persons or in all geographic locations or jurisdictions. We reserve the right to limit the availability of this Site and/or the provision of any service to any person, geographic area or jurisdiction we so desire, at any time and in our sole discretion.

Copyright Đ 2011 Radical Waves, Inc.. All rights reserved.

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