1. ACCEPTANCE OF TERMS
2. MODIFICATIONS TO THIS AGREEMENT
Home WAV reserves the right, at our sole discretion, to change, modify or otherwise alter these Terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the Terms at:
You understand that all messages, text, files, images, photos, video, sounds, or other materials (collectively “Content”) posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item of Content that you post,email or otherwise make available via the Service. You understand that Home WAV does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Home WAV be liable in any way for any Content emailed or otherwise made available via the Service. You acknowledge that Home WAV is unable to, and/or does not, pre-screen or approve Content.
4. THIRD PARTY CONTENT, SITES, AND SERVICES
The Home WAV site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Home WAV, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other Terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Home WAV shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Home WAV is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Home WAV, its officers, employees, agents and successors from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our Service.
5. PRIVACY AND INFORMATION DISCLOSURE
You agree not to use our Service to transmit Content that, (a) is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way, (b) is pornographic or depicts a human being engaged in actual sexual conduct, or© harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
7. PAID SERVICE
Home WAV charges a fee to use its Service. The fee is an access fee permitting you to take part in video visitation via the Internet. The fee is earned, consistent with Home Wav’s published rate schedule, when an inmate, previously authorized by you, communicates with you via the Internet.
8. LIMITATIONS ON SERVICE
You acknowledge that Home WAV may establish limits concerning use of the Service, including the maximum length of time of each individual communication, and that Home WAV shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
9. LIMITED ACCESS TO THE SERVICE
Home WAV grants you a limited, revocable, nonexclusive license to access the Service for personal communication purposes only.
10. PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by patent, copyright laws and international treaties. Content displayed on or through the Service may be protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Home WAV. “Home WAV” is a registered mark in the U.S. Patent
and Trademark Office.
11. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE HOME WAV SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE HOME WAV SITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, HOME WAV DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE HOME WAV SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, HOME WAV DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE HOME WAV SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE HOME WAV SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, HOME WAV DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE HOME WAV SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
12. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL HOME WAV BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF HOME WAV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE HOME WAV SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE HOME WAV SITE OR THE SERVICE, FROM INABILITY TO USE THE HOME WAV SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE HOME WAV SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE HOME WAV SITE OR THE SERVICE OR ANY LINKS ON THE HOME WAV SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE HOME WAV SITE OR THE SERVICE OR ANY LINKS ON THE HOME WAV SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
You agree to indemnify and hold Home WAV, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you transmit through the Service, your use of the Service, your violation of the Terms, or your violation of any rights of another.
The Terms constitute the entire agreement between you and Home WAV and govern your use of the Service, superseding any prior agreements between you and Home WAV. The Terms and the relationship between you and Home WAV shall be governed by the laws of the Commonwealth of Virginia without regard to its conflict of law provisions. You and Home WAV agree to submit to the personal and exclusive jurisdiction of the state courts located within the City of Virginia Beach, Virginia, and/or the United States District Court for the Eastern District of Virginia, Norfolk Division. The failure of Home WAV to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.