TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

1. ACCEPTANCE OF TERMS

Welcome to xonicwave.com (the "Website"), owned and operated by Xonicwave ("Company," "we," "us," or "our"). By accessing or using this Website, you ("User," "you," or "your") agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, please do not use this Website.

We reserve the right to modify these Terms at any time. Your continued use of the Website following any changes constitutes acceptance of those changes. We recommend reviewing these Terms periodically.

2. USE OF WEBSITE

2.1 Permitted Use

You may use this Website for lawful purposes only and in accordance with these Terms. You agree not to use the Website:

• In any way that violates any applicable federal, state, local, or international law or regulation
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity
• To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Website
• To attempt to gain unauthorized access to any portion of the Website or any systems or networks connected to the Website

2.2 Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Xonicwave, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials
• You may store files that are automatically cached by your web browser for display enhancement purposes
• You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution

2.3 Prohibited Uses

You may not access or use the Website for any purpose other than that for which we make the Website available. The Website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

Prohibited activities include, but are not limited to:

• Systematic retrieval of data or content from the Website to create or compile a collection, database, or directory
• Making any unauthorized use of the Website, including collecting usernames and/or email addresses by electronic or other means
• Using the Website to advertise or offer to sell goods and services
• Circumventing, disabling, or otherwise interfering with security-related features of the Website
• Engaging in unauthorized framing of or linking to the Website
• Tricking, defrauding, or misleading us and other users
• Interfering with, disrupting, or creating an undue burden on the Website or networks connected to the Website
• Attempting to bypass any measures of the Website designed to prevent or restrict access
• Harassing, annoying, intimidating, or threatening any of our employees or agents
• Deleting the copyright or other proprietary rights notice from any Website content
• Uploading or transmitting viruses, Trojan horses, or other material that interferes with any party's uninterrupted use of the Website
• Using any automated system, including "robots," "spiders," or "offline readers," to access the Website
• Disparaging, tarnishing, or otherwise harming, in our opinion, us and/or the Website

3. USER SUBMISSIONS AND INFORMATION

3.1 Information You Provide

When you contact us through the Website, submit forms, or request information about our services, you may be asked to provide certain information such as your name, email address, phone number, company name, and details about your IT needs. By submitting such information, you represent and warrant that:

• You have the right to submit such information
• The information you provide is accurate, current, and complete
• You will maintain and update such information to keep it accurate, current, and complete

3.2 Use of Your Information

We will use the information you provide in accordance with our Privacy Policy. By using the Website, you consent to our collection and use of your information as described in our Privacy Policy.

3.3 No Confidential Information

Please do not submit confidential, proprietary, or sensitive personally identifiable information through general contact forms on this Website. If you need to share such information to discuss potential services, please contact us directly to establish a secure communication channel.

4. THIRD-PARTY LINKS

The Website may contain links to third-party websites or services that are not owned or controlled by Xonicwave. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Xonicwave shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

5. DISCLAIMER OF WARRANTIES

YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE WEBSITE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

XONICWAVE, ITS SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT:

• The Website will function uninterrupted, secure, or available at any particular time or location
• Any errors or defects will be corrected
• The Website is free of viruses or other harmful components
• The results of using the Website will meet your requirements

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

6. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL XONICWAVE, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

7. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Xonicwave, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, any use of the Website's content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the Website.

8. GOVERNING LAW AND JURISDICTION

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

You agree that any legal action or proceeding between you and Xonicwave for any purpose concerning these Terms or the parties' obligations hereunder shall be brought exclusively in the federal or state courts located in Los Angeles County, California. You consent to the personal jurisdiction of such courts and waive any objection as to inconvenient forum.

9. ARBITRATION

Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Los Angeles, California, before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

10. WAIVER AND SEVERABILITY

No waiver by Xonicwave of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Xonicwave to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

11. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy, constitute the sole and entire agreement between you and Xonicwave regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

12. CONTACT INFORMATION

If you have any questions about these Terms of Use, please contact us at:

Xonicwave
3111 Camino del Rio North Suite 400
San Diego, CA 92108
Email: info@xonicwave.com
Phone: 866-844-9283

13. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE

If you believe that any content on the Website infringes upon your copyright, please notify us in writing with the following information:

• A physical or electronic signature of the copyright owner or person authorized to act on behalf of the owner
• Identification of the copyrighted work claimed to have been infringed
• Identification of the material that is claimed to be infringing and information sufficient to permit us to locate the material
• Your contact information, including address, telephone number, and email address
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner

14. CALIFORNIA RESIDENTS

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Website, please contact us at the address above. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

15. NO PROFESSIONAL ADVICE

The content on this Website is for informational purposes only and does not constitute professional IT, security, legal, or business advice. You should not act or refrain from acting based on any content included on the Website without seeking appropriate professional advice. Xonicwave disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

16. SERVICE DESCRIPTIONS

Descriptions of our IT managed services and security managed services on this Website are for informational purposes only. Actual services provided will be detailed in separate service agreements. Nothing on this Website should be construed as an offer to provide specific services or a guarantee of particular outcomes. Service availability, scope, and terms will be confirmed through formal engagement agreements.

By using this Website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.