Terms, Conditions & Privacy

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.

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.

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.

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.

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.

Productivity Wave, Inc.
1804 Garnet Ave #482
San Diego, California 92109

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.

2. Use of Third Party Services. When you use the Productivity Wave Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.

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.

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.
Attn: Legal Department – Subpoena

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 help@productivitywave.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.

Vendor requires that all customers and other users of Vendor’s cloud-based service (the “Service”) conduct themselves with respect for others. In particular, observe the following rules in your use of the Service:

1) Abusive Behavior: Do not harass, threaten, or defame any person or entity. Do not contact any person who has requested no further contact. Do not use ethnic or religious slurs against any person or group.

2) Privacy: Do not violate the privacy rights of any person. Do not collect or disclose any personal address, social security number, or other personally identifiable information without each holder’s written permission. Do not cooperate in or facilitate identity theft.

3) Intellectual Property: Do not infringe upon the copyrights, trademarks, trade secrets, or other intellectual property rights of any person or entity. Do not reproduce, publish, or disseminate software, audio recordings, video recordings, photographs, articles, or other works of authorship without the written permission of the copyright holder.

4) Hacking, Viruses, & Network Attacks: Do not access any computer or communications system without authorization, including the computers used to provide the Service. Do not attempt to penetrate or disable any security system. Do not intentionally distribute a computer virus, launch a denial of service attack, or in any other way attempt to interfere with the functioning of any computer, communications system, or website. Do not attempt to access or otherwise interfere with the accounts of other users of the Service.

5) Spam: Do not send bulk unsolicited e-mails (“Spam”) or sell or market any product or service advertised by or connected with Spam. Do not facilitate or cooperate in the dissemination of Spam in any way. Do not violate the CAN-Spam Act of 2003.

6) Fraud: Do not issue fraudulent offers to sell or buy products, services, or investments. Do not mislead anyone about the details or nature of a commercial transaction. Do not commit fraud in any other way.

7) Violations of Law: Do not violate any law.

B. Consequences of Violation
Violation of this Acceptable Use Policy (this “AUP”) may lead to suspension or termination of the user’s account or legal action. In addition, the user may be required to pay for the costs of investigation and remedial action related to AUP violations. Vendor reserves the right to take any other remedial action it sees fit.

C. Reporting Unacceptable Use
Vendor requests that anyone with information about a violation of this AUP report it via e-mail to the following address: help@productivitywave.com. Please provide the date and time (with time zone) of the violation and any identifying information regarding the violator, including e-mail or IP (Internet Protocol) address if available, as well as details of the violation.

D. Revision of AUP
Vendor may change this AUP at any time by posting a new version on this page and sending the user written notice thereof. The new version will become effective on the date of such notice.

We collect certain information through our website, located at https://productivitywave.com (our “Website”), including through the products and services provided at the Website. This page (this “Privacy Policy”) lays out our policies and procedures surrounding the collection and handling of any such information that identifies an individual user or that could be used to contact or locate him or her (“Personally Identifiable Information” or “PII”).

This Privacy Policy applies only to our Website and to the products and services provided through our Website. It does not apply to any third-party site or service linked to our Website or recommended or referred by our Website, through our products or services, or by our staff. And it does not apply to any other website, product, or service operated by our company, or to any of our offline activities.

A. PII We Collect
We collect the following Personally Identifiable Information from users who buy or use our products or services: name, e-mail address(es), telephone number, employer name, employer address, and image (optional).

We also use “cookies” to collect certain information from all users, including Web visitors who don’t buy anything through our Website. A cookie is a string of data our system sends to your computer and then uses to identify your computer when you return to our Website. Cookies give us usage data, like how often you visit, where you go at the site, and what you do.

B. Our Use of PII
We use your Personally Identifiable Information to create your account, to communicate with you about products and services you’ve purchased, to offer you additional products and services, and to bill you. We also use that information to the extent necessary to enforce our Website terms of service and to prevent imminent harm to persons or property.

We use cookies so that our Website can remember you and provide you with the information you’re most likely to need. For instance, when you return to our Website, cookies identify you and prompt the site to provide your username (not your password), so you can sign in more quickly. Cookies also allow our Website to remind you of your past purchases and to suggest similar products and services. Finally, we use information gained through cookies to compile statistical information about use of our Website, such as the time users spend at the site and the pages they visit most often. Those statistics do not include PII.

C. Protection of PII
We employ the following data security tools to protect Personally Identifiable Information: data in transit is protected by a secure connection between your browser and our servers (SSL) and data at rest is protected by encryption. Unfortunately, even with these measures, we cannot guarantee the security of PII. By using our Website, you acknowledge and agree that we make no such guarantee, and that you use our Website at your own risk.

D. Contractor and Other Third Party Access to PII
We give certain independent contractors access to Personally Identifiable Information. Those contractors assist us with software development and systems administration. All those contractors are required to sign contracts in which they promise to protect PII using procedures reasonably similar to ours. (Users are not third party beneficiaries of those contracts.) We also may disclose PII to attorneys, collection agencies, or law enforcement authorities to address potential AUP violations, other contract violations, or illegal behavior. And we disclose any information demanded in a court order or otherwise required by law or to prevent imminent harm to persons or property. Finally, we may share PII in connection with a corporate transaction, like a merger or sale of our company, or a sale of all or substantially all of our assets or of the product or service line you received from us, or a bankruptcy.

As noted above, we compile Website usage statistics from data collected through cookies. We may publish those statistics or share them with third parties, but they don’t include PII.
Except as set forth in this Privacy Policy, we do not share PII with third parties.

E. Accessing and Correcting Your PII
You can access and change any Personally Identifiable Information we store through your “My Account” page.

F. Amendment of This Privacy Policy
We may change this Privacy Policy at any time by posting a new version on this page or on a successor page. The new version will become effective on the date it’s posted, which will be listed at the top of the page as the new Effective Date.

California Online Privacy Protection Act
CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law’s reach stretches well beyond California to require any person or company in the United States (and conceivably the world) that operates websites collecting Personally Identifiable Information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals or companies with whom it is being shared. – See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf

According to CalOPPA, we agree to the following:
  1. Users can visit our site anonymously.
  2. Once this privacy policy is created, we will add a link to it on our home page or as a minimum, on the first significant page after entering our website.
  3. Our Privacy Policy link includes the word ‘Privacy’ and can easily be found on the page specified above.
  4. You will be notified of any Privacy Policy changes on our Privacy Policy Page
  5. Can change your personal information by logging in to your account.

How does our site handle Do Not Track signals?
We honor Do Not Track signals and Do Not Track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.

Does our site allow third-party behavioral tracking?
It’s also important to note that we allow third-party behavioral tracking

COPPA (Children Online Privacy Protection Act)
When it comes to the collection of personal information from children under the age of 13 years old, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States’ consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.

We do not specifically market to children under the age of 13 years old.

Do we let third-parties, including ad networks or plug-ins collect PII from children under 13?
Fair Information Practices

The Fair Information Practices
Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.

In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:

We will notify the users via in-site notification within 7 business days

We also agree to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

We collect your email address in order to:
Send information, respond to inquiries, and/or other requests or questions

To be in accordance with CANSPAM, we agree to the following:
  • Not use false or misleading subjects or email addresses.
  • Identify the message as an advertisement in some reasonable way.
  • Include the physical address of our business or site headquarters.
  • Monitor third-party email marketing services for compliance, if one is used.
  • Honor opt-out/unsubscribe requests quickly.
  • Allow users to unsubscribe by using the link at the bottom of each email.

If at any time you would like to unsubscribe from receiving future emails, you can email us at help@productivitywave.com

Follow the instructions at the bottom of each email. And we will promptly remove you from ALL correspondence.

Contacting Us
If there are any questions regarding this privacy policy, you may contact us using the information below.


1804 Garnet Ave #482
San Diego, CA 92109
United States



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