Terms of Service
Terms of Use
By accessing and using the Bluewave Data Solutions (“Bluewave”) website and its services (the “Site”) or its Content, you agree to the Terms and Conditions, including binding arbitration (Section 7), Privacy Policy, and other rules and policies published on the Site. The Terms govern dispute resolution and limit our liability. If you don’t agree to the Terms, you can’t use the Site or its Content. The Terms are a legally binding agreement between you and Bluewave, the Site operator, and include our agents, successors, and assigns. The Site is only for individuals who can form legally binding contracts. By accessing and using the Site, you accept and agree to the Terms without reservation, representation, or warranty. You also represent and warrant that you have the authority to bind the User (as defined below) to the Terms and that your use of the Site, including any Content, complies with applicable laws.
1. What we do
The Site is a portal where our Partners purchase warm transfers from consumers who request a quote online. We are not responsible for, endorse or recommend any agency or insurance policies, and do not provide advice or guarantee contact or coverage by our Partners. We are an independent contractor and do not offer or sell insurance or products on the Site.
2. Accessing our Site
You are granted a temporary right to access our website and its content solely for the purpose of viewing, using, or inquiring about our services in accordance with these Terms. However, you are not allowed to use any site content for any other use without prior written consent. Please note that we also reserve all rights not explicitly granted in these Terms.
3. Unauthorized Use
When accessing or using the website, it is not permitted to infringe on proprietary rights or adversely affect the website’s function or performance. It is also prohibited to attempt to gain unauthorized access to the website or disclose access information to third parties, circumvent encrypted data or access restrictions, or violate applicable laws. Creating new works or translations from any part of the website’s content, as well as reverse engineering any part of the website, are also prohibited. Furthermore, it is not allowed to use or share any content without prior written permission, or to use the website to create fake accounts or inquiries with the intent to deceive. Additionally, posting software that could disrupt the operation of the website is not permitted.
4. Business Relationship
Bluewave and its warm transfer purchasing Partners are independent contractors, and the use of the Site or these Terms does not establish any partnership, joint venture, agency, employee-employer, or franchiser-franchisee relationship between them. The term “Partner” is solely used to identify agencies that purchase our products.
5. Bluewave’s Privacy Policy
When you use Bluewave Data Solutions’ services, you agree to our Privacy Policy, which governs the collection and use of your personally identifiable information. Our Privacy Policy outlines how we collect and protect your information, how we share it, and how to opt-out of receiving communications from us.
6. Resolution by Arbitration
If you have a dispute with Bluewave Data Solutions, you must first let us know in writing with a description of the issue and desired solution. If we can’t solve the problem within 30 days, either party can start arbitration. This applies to everyone involved in the business relationship. You can still bring individual claims to small claims court or government agencies. By agreeing to arbitration, you give up your right to a jury trial or class action. The arbitration will be in English, and a location agreed upon by both parties. Class actions are not allowed, and any claim against Bluewave Data Solutions must be filed within one year. The arbitration proceedings and decision will be kept confidential.
By agreeing to arbitration, you are giving up your right to appeal or pursue other dispute resolution options. The American Arbitration Association (AAA) will handle arbitration according to their rules. The arbitrator will follow Texas law and Federal Arbitration Act and will decide all issues. The arbitration will take place where you live unless agreed otherwise. The arbitrator will only give relief to the person who filed the claim. If any part of this agreement is invalid, the rest still applies. If the no class or group arbitration part is invalid, this whole agreement is invalid.
If you accept this agreement, you are agreeing to settle any disputes with us through arbitration. However, you can choose to opt-out of this provision by sending us a written notice at the given address within 30 days of accepting the agreement. The notice should include your name, address, and a clear statement that you don’t want to settle disputes through arbitration. If we make any changes to the arbitration provision during our relationship, they won’t apply to any claims made before the change. We’ll let you know about any changes by posting them on our website or sending an email. Third-party providers have the right to enforce this arbitration provision against you if there is a dispute between you and them related to your use of our website. If you don’t agree to these arbitration provisions, please do not use our website.
7. Limitation of Liability
Bluewave Data Solutions shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with the use of the website or the inability to use the website, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses. Bluewave Data Solutions shall not be liable for any errors or omissions in the content of the website, including but not limited to technical inaccuracies or typographical errors. Bluewave Data Solutions shall not be liable for any damage to your computer equipment or other property resulting from your access to or use of the website. In no event shall Bluewave Data Solutions’ total liability to you for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you, if any, for accessing the website.
8. Release of Liability
Bluewave Data Solutions, Inc. its directors, officers, employees, agents, and affiliates shall not be liable for any claims, damages, losses, or expenses, including but not limited to legal fees, arising out of or in connection with any disputes between users of the website or between Warm Transfer purchasing Partners and consumers seeking quotes. By using the website, you release Bluewave Data Solutions, Inc., its directors, officers, employees, agents, and affiliates from any and all liability related to such disputes.
9. Indemnity
You agree to indemnify, defend, and hold harmless Bluewave Data Solutions, Inc. and its directors, officers, employees, agents, and affiliates from and against all claims, damages, losses, or expenses (including reasonable attorneys’ fees and court costs) arising out of or in connection with your use of the website or any breach by you of these Terms of Use or applicable laws. This indemnification obligation will survive the termination or expiration of these Terms of Use or your use of the website. You agree to cooperate with Bluewave Data Solutions, Inc. in the defense of any claim. Bluewave Data Solutions, Inc. reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Bluewave Data Solutions, Inc.
10. Choice Of Law
Bluewave is based in Texas, so Texas laws apply. Legal disputes are handled in Texas, and you can’t sue us elsewhere. We still have all our rights, even if we don’t enforce them. If a court finds part of these terms unenforceable, the rest still apply.
11. Amendments
We can change these Terms at any time and the changes will be effective immediately upon posting on the Site. By continuing to use the Site after we post any changes, you are agreeing to the modified Terms. No delay or failure to exercise any right or remedy under these Terms will be considered a waiver of that right or remedy. These Terms are the complete agreement between us and our Partners.
12. Partial Invalidity
The invalidity or unenforceability of any one or more sections of these Terms shall not affect the validity or enforceability of its remaining provisions.
13. Acknowledgement
You acknowledge that You have read and understand these Terms, and that these Terms have the same force and effect as a signed agreement. These Terms shall confer no rights upon any other party other than the parties hereto.