CONDITIONS OF USE
Welcome to Productivity Wave, Inc. Productivitywave.com, Inc. and/or its affiliates (“Productivity Wave”) provide its website features and other services to you subject to the following conditions. If you visit Productivitywave.com, use other Productivity Wave services, products, or use software or mobile applications provided by Productivity Wave that states that it is subject to these Conditions of Use (collectively “Productivity Wave Services”), you accept these conditions. Please read them carefully. In addition, when you use any current, future Productivity Wave Services, (e.g., app.productivitywave.com.com) you also will be subject to the guidelines, terms and agreements (“Terms”) applicable to that Productivity Wave Service. If these Conditions of Use are inconsistent with the Terms provided for any Productivity Wave service, those Terms will control.
When you use Productivity Wave Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Productivity Wave Service, such as our help desk messaging, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any Productivity Wave Service, such as text, graphics, logos, button icons, images, audio clips, videos, digital downloads, data compilations, and software is the property of Productivity Wave and protected by United States and international copyright laws.
The compilation of all content included in or made available through any Productivity Wave Service is the exclusive property of Productivity Wave and protected by U.S. and international copyright laws.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Productivity Wave Service are trademarks or trade dress of Productivity Wave in the U.S. and other countries. Productivity Wave’s trademarks and trade dress may not be used in connection with any product or service that is not Productivity Wave’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Productivity Wave. All other trademarks not owned by Productivity Wave that appear in any Productivity Wave Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Productivity Wave.
License and Site Access
Subject to your compliance with these Conditions of Use and any Service Terms Productivity Wave grant you a limited, non-exclusive, nontransferable, non-sublicensable license to access and make use of the Productivity Wave information located on https://productivitywave.com. Use of other Productivity Wave Services (e.g., app.productivitywave.com.com and Productivity Wave mobile applications) will be subject to the guidelines, terms and agreements (“Terms”) applicable to that Productivity Wave Service. This license does not include any resale or commercial use of any Productivity Wave Service, or its contents; any collection and use of any data listings, descriptions, measures or metrics; any derivative use of any Productivity Wave Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Productivity. No Productivity Wave Service, nor any part of any Productivity Wave Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Productivity Wave. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Productivity Wave without express written consent. You may not use any meta tags or any other “hidden text” utilizing Productivity Wave ‘s name or trademarks without the express written consent of Productivity Wave. You may not misuse the Productivity Wave Services. You may use the Productivity Wave Services only as permitted by law. The licenses granted by Productivity Wave terminate if you do not comply with these Conditions of Use or any Service Terms.
In addition to the “License and Site Access” terms above, please review our Acceptable Use Policy, which also governs your use of Productivity Wave Services, to understand our practices. The Productivity Wave Acceptable Use Policy is accessible at the bottom of each web page.
SANCTIONS AND EXPORT POLICY
You may not use any Productivity Wave Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Productivity Wave Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including Productivity Wave Software), technology, and services.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE PRODUCTIVITY WAVE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PRODUCTIVITY WAVE SERVICES ARE PROVIDED BY PRODUCTIVITY WAVE ON AN “AS IS” AND “AS AVAILABLE” BASIS. PRODUCTIVITY WAVE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PRODUCTIVITY WAVE SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PRODUCTIVITY WAVE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PRODUCTIVITY WAVE SERVICES IS AT YOUR SOLE RISK. PRODUCTIVITY WAVE RESERVES THE RIGHT TO WITHDRAW ANY PRODUCTIVITY WAVE SERVICE OR DELETE ANY INFORMATION FROM THE PRODUCTIVITY WAVE SERVICES AT ANY TIME IN ITS DISCRETION.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PRODUCTIVITY WAVE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PRODUCTIVITY WAVE DOES NOT WARRANT THAT THE PRODUCTIVITY WAVE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PRODUCTIVITY WAVE SERVICES, ITS SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM PRODUCTIVITY WAVE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PRODUCTIVITY WAVE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY PRODUCTIVITY WAVE SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY PRODUCTIVITY WAVE SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
PRODUCTIVITY WAVE SOFTWARE TERMS IN ADDITION TO THESE CONDITIONS OF USE, THE TERMS FOUND HERE APPLY TO ANY SOFTWARE (INCLUDING ANY UPDATES OR UPGRADES TO THE SOFTWARE AND ANY RELATED DOCUMENTATION) THAT PRODUCTIVITY WAVE MAKES AVAILABLE TO YOU FROM TIME TO TIME FOR YOUR USE IN CONNECTION WITH PRODUCTIVITY WAVE SERVICES (“PRODUCTIVITY WAVE SOFTWARE”). IF PRODUCTIVITY WAVE PROVIDES SPECIFIC TERMS FOR THE PRODUCTIVITY WAVE SOFTWARE AND THERE IS A CONFLICT BETWEEN THE SPECIFIC TERMS FOR THE PRODUCTIVITY WAVE SOFTWARE AND THESE CONDITIONS OF USE, THE SPECIFIC TERMS FOR THE PRODUCTIVITY WAVE SOFTWARE WILL GOVERN.
Any dispute or claim relating in any way to your use of any Productivity Wave Service, or any products or services sold or distributed by Productivity Wave or through the Productivity Wave Services will be resolved by the Courts of the state of California. If agreed to by both parties, resolution may be pursued by binding arbitration, rather than in court. If arbitration is pursued, The Federal Arbitration Act and federal arbitration law apply to this agreement.
a. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
b. To begin a suit or request an arbitration proceeding, see the, “HOW TO SERVE A SUBPOENA” section below.
c. You and IMDb each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration you and Productivity Wave each waive any right to a jury trial.
You and IMDb also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any Productivity Wave Service, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Productivity Wave.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies. These policies also govern your use of Productivity Wave Services. We reserve the right to make changes to our site, policies, and these our site, policies, Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
ADDITIONAL PRODUCTIVITY WAVE SOFTWARE TERMS
1. Use of the Productivity Wave Software. You may use the Productivity Wave Software only in connection with the Productivity Wave Services. You may not separate any individual component of the Productivity Wave Software for use other than in connection with the Productivity Wave Services, incorporate any portion of it into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, use it, or any portion of it, over a network, or sell, rent, lease, lend, loan, distribute or sub-license the Productivity Wave Software or otherwise assign any rights to the Productivity Wave Software in whole or in part. You may not use the Productivity Wave Software for any illegal purpose. We may discontinue some or all of any Productivity Wave Software we provide, and we may terminate your right to use any Productivity Wave Software at any time and in such event may modify it to make it inoperable. Your rights to use the Productivity Wave Software will automatically terminate without notice from us if you fail to comply with any of these terms. Additional third party terms contained within or distributed with certain Productivity Wave Software that are specifically identified in related documentation may apply to that Productivity Wave Software and will govern the use of that Productivity Wave Software in the event of a conflict with these Conditions of Use.
3. No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Productivity Wave Software, whether in whole or in part, or create any derivative works from or of the Productivity Wave Software.
4. Updates. In order to keep the Productivity Wave Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
5. Export Regulations; Government End Users. You must comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to the Productivity Wave Software. If you are a U.S. Government end user, we are licensing the Productivity Wave Software to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Productivity Wave Software are the same as the rights we grant to all others under these Conditions of Use.
HOW TO SERVE A SUBPOENA
If you have a subpoena to serve on Productivity Wave, please note that Productivity Wave does not accept service via email or fax and will not respond to the subpoena. All subpoenas must be properly served on Productivity Wave, Inc., preferably by mailing the subpoena to Corporation Service Company (CSC), Productivity Wave ‘s national registered agent. Please find below the California address for CSC (the CSC office in your jurisdiction may be located through the Secretary of State’s website):
Productivity Wave, Inc.
CSC – LAWYERS INCORPORATING SERVICE
2710 GATEWAY OAKS DR STE 150N
SACRAMENTO CA 95833
Attn: Legal Department – Subpoena
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Productivity Wave respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please submit your complaint to email@example.com, or in writing to:
Productivity Wave, Inc.
1804 Garnet Ave #482
San Diego, California 92109
If you submit a complaint via email (attach signed pdf) or a report in writing, please provide us with this information:
A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.