This Agreement is entered into by and these Terms & Conditions (hereinafter referred to as the “Agreement”) shall regulate the relationship between Waves Fossil and the user (a natural or legal entity) (hereinafter referred to as the “Client”) of www.wavesfossil.com (hereinafter referred as the “Website”).
Waves Fossil (“we” or “us”) owns and operates wavesfossil.com, and any sub-domain thereof (collectively, the “Site”). Please review this Website Terms of Use Agreement (“Terms of Use” or “Agreement”) carefully before using this Site. By registering for, logging into, visiting and/or otherwise using the Site in any way, you indicate that you understand and intend this Agreement to be the legal equivalent of a signed written contract and equally binding, and that you accept the terms of use as set forth in this Agreement and agree to be legally bound by them.
We reserve the right, in our sole discretion, to change, modify, add, or remove portions of these Terms of Use at any time. Changes to these Terms will become effective immediately upon the posting thereof. Your continued use of the Site following reasonable notice of such modifications will be conclusively deemed acceptance of any changes to these Terms of Use. You agree that notice of changes to these Terms of Use posted on the Site constitutes reasonable and sufficient notice. At all times, you are bound by the then-current version of these Terms of Use, the Privacy Policy, and all applicable laws. We highly recommend that you review these Terms of Use from time to time to ensure that you are familiar with the most recent version.
1. Terms of Use
1.1. Contents of Site
As between you and Waves Fossil, this Site (including the underlying software and files) and content provided on this Site, are the exclusive property of Waves Fossil, and are protected by law, including United States copyright, database, trade secret, and trademark law, as well as other state, national and international laws and regulations. Except as expressly provided in this Agreement, Waves Fossil does not grant any license or other authorization to any user of its trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual property, by placing them on this Site. You must not use such marks without the prior written permission of Waves Fossil. The contents are Copyright (c) 2024, Waves Fossil. All rights reserved.
You may include insubstantial portions of information from this Site in memoranda, reports and presentations, but only if such memoranda, reports and presentations are distributed or otherwise made available in non-electronic form, to a limited number of individuals. You must attribute the information to Waves Fossil in all such memoranda, reports and presentations; such attribution to appear in a form and format reasonably acceptable to Waves Fossil. All other usage, in part or whole, must include copyright notices from Waves Fossil with the phrase “Reprinted with permission from Waves Fossil (https://www.wavesfossil.com).” You may not post any content from this Site to newsgroups, mail lists or electronic bulletin boards, without the prior written consent of Waves Fossil.
1.2. Disclaimers
THE INFORMATION INCLUDED ON THIS SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. INFORMATION PROVIDED IS OBTAINED FROM SOURCES DEEMED TO BE RELIABLE, HOWEVER, WAVES FOSSIL MAKES NO REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, AS TO THE ACCURACY, RESULTS, TIMELINESS, COMPLETENESS, ADEQUACY, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE SITE OR ANY OF ITS CONTENT, OR THAT THE SITE OR ANY OF ITS CONTENT WILL BE ERROR-FREE OR UNINTERRUPTED. FURTHER, THE INFORMATION AVAILABLE ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. YOU ASSUME THE SOLE RISK OF MAKING USE OF THIS SITE AND THE CONTENT IT PROVIDES.
UNDER NO CIRCUMSTANCES WILL WAVES FOSSIL BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM YOUR ACCESS OR USE OF THIS SITE OR THE CONTENT IT PROVIDES, INCLUDING, BUT NOT LIMITED TO, COMPENSATION, REIMBURSEMENT OR DAMAGES ON ACCOUNT OF THE LOSS OF PRESENT OR PROSPECTIVE PROFITS, EXPENDITURES, INVESTMENTS OR COMMITMENTS, WHETHER MADE IN THE ESTABLISHMENT, DEVELOPMENT OR MAINTENANCE OF BUSINESS REPUTATION OR GOODWILL, FOR LOSS OF DATA, COST OF SUBSTITUTE MATERIALS, PRODUCTS, SERVICES OR INFORMATION, COST OF CAPITAL, AND THE CLAIMS OF ANY THIRD PARTY, OR FOR ANY OTHER REASON WHATSOEVER, EVEN IF WAVES FOSSIL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The content on this Site, including discussions of certain nonprofit organizations and their programs, are provided as general information only and are not intended to provide investment, accounting, tax or legal advice. Not all investment opportunities offered by any organization are available in all countries or states within the United States, and nothing on this site constitutes an offer or solicitation of these investments, products or services in any jurisdiction where their offer or sale is not qualified or exempt from registration.
Under no circumstances will Waves Fossil, or any of its employees, agents, successors, assigns, affiliates or content or service providers be liable to you or other third parties for any loss, injury, claim, liability or damage of any kind (including, without limitation, attorneys’ fees and lost profits, opportunities or savings) resulting from, arising out of or any way related to your access or use of this Site or the content it provides, including:
a.) any errors in, inaccuracies, omissions or other defects in authenticity of the information, including but not limited to content, technical inaccuracies and typographical errors; or
b.) any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence or under any other cause of action.
In the event you use this Site to subscribe for and purchase Waves Fossil Emerging Markets LLC Promissory Notes (“Notes”), nothing in the foregoing shall operate as a waiver or release of your rights under the Securities Act of 1933, as amended, or any applicable state securities law, in connection with such purpose of Notes.
TO THE EXTENT PERMITTED BY LAW, WAVES FOSSIL DISCLAIMS LIABILITY FOR ANY DIRECT DAMAGES BASED ON YOUR ACCESS OR USE OF THE SITE AND ITS CONTENT.
2. Restrictions on Use
You represent and warrant to Waves Fossil that you will not use this Site for any purpose that is unlawful or prohibited by these Terms of Use, including but not limited to attempting or actually (a) disrupting, impairing, overburdening, damaging, impairing or otherwise interfering with the operation or integrity of the Site (including impairing any other party’s ability to engage in real-time activities through the Site) or circumventing any Site security system, (b) collecting any information about other users of the Site, (c) systematically extracting content or other information or data contained in the Site (including through use of any robot, spider or other automatic device, process or means), (d) use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent, (e) use any device, software, or routine that interferes with the proper working of the Site, (f) introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful, (g) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site, (h) attack the Site via a denial-of-service attack or a distributed denial-of-service attack, or (i) otherwise attempt to interfere with the proper working of the Site.
You further represent and warrant that you will not (a) post, store, transmit or otherwise use the Site in connection with any materials that may constitute or be comprised of any material that is unlawful or prohibited by this Agreement, (b) claim a relationship with or speak for any individual, business, association, institution, or other organization for which you are not authorized to claim such a relationship (including but not limited to Waves Fossil); (c) provide false or misleading personal information or email addresses, or impersonate any other person or entity; (d) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; (e) harass another person; (f) violates applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries), (g) is threatening, libelous, harassing, defamatory, vulgar, obscene, pornographic, profane, invasive of another’s privacy, hateful, or ethnically, racially, or otherwise objectionable; (h) infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any person, or (i) consists of unsolicited advertising, promotional materials, or other forms of solicitation to other users including, without limitation, “junk mail,” “spam,” “chain letters,” or “pyramid schemes.”
3. Prospectus and Risk Disclosure
In the event you use this Site to subscribe for and purchase the Notes, you should carefully review the prospectus pertaining to the offering of the Notes before making a decision to purchase the Notes. The offering prospectus contains a detailed description of the offering, the risks involved in purchasing the Notes, and the obligations associated with the Notes. Please be sure to read the offering prospectus carefully and consult with your financial and legal advisors before making any investment decisions.
4. Contact
Should you have any questions or concerns regarding these terms and conditions, please contact us at:
Email: support@wavesfossil.com
Mailing Address:
Waves Fossil
Canary Wharf London E14 5AB,
United Kingdom
5. Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws principles.
6. Severability
If any provision of these Terms of Use is deemed invalid, void or unenforceable, such provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
7. Entire Agreement
These Terms of Use constitute the entire agreement between you and Waves Fossil regarding the use of the Site, and supersede any prior agreements between you and Waves Fossil relating to your use of the Site.
By using this Site, you acknowledge that you have read these terms and conditions and agree to abide by them.