Terms of Use & Privacy

This Terms of Use Agreement between you and Vital Wave Corporation (“Vital Wave “) sets forth the terms and conditions of your use of the website available at http://www.vitalwave.com (“vitalwave.com”). This Terms of Use Agreement, together with our Privacy Policy constitute the sole and exclusive agreement between you and Vital Wave concerning your use of the vitalwave.com site, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter.

By browsing the vitalwave.com site, you are agreeing to be legally bound by the terms, conditions, and notices contained or referenced herein. Please read this Agreement carefully before browsing this web site. If you do not agree to all the terms, conditions, and notices, please do not browse this web site.

Information (research and analysis) contained on this website may not be copied or posted on any network computer or any other broadcast media. Copying and/or modifying the information, in whole or in part, is expressly prohibited.

Vital Wave reserves the right to alter, change, or otherwise modify this Agreement at any time and we ask that you review it periodically for such changes. We also reserve the right to modify the availability of any feature of the vitalwave.com site. Your continued use of the vitalwave.com site after the posting of any changes to this Terms of Use Agreement signifies your acceptance of those changes. This Terms of Use Agreement was last revised on May 1, 2007.

Privacy Policy

Our Privacy Policy describes our privacy practices.

Content Disclaimer

The vitalwave.com site provides information to its visitors. The vitalwave.com site is not intended to provide advice of any kind. Vital Wave makes no guarantee regarding the accuracy, timeliness or completeness of the information provided on the vitalwave.com site and Vital Wave shall not be liable for any errors or delays in the content appearing on the vitalwave.com site, or for any actions you or others may take based on that content. You acknowledge and agree that it is solely your responsibility to evaluate the accuracy, completeness, usefulness, or appropriateness of any information on the vitalwave.com site. In no event shall Vital Wave be liable for special, indirect or consequential damages arising out of or in connection with the use of information available on this website.

Further, Vital Wave shall not be held responsible for the information contained on any sites which may be linked to this website.

Intellectual Property vitalwave.com web site, including all artwork, data, designs, graphic content, illustrations, images, photographs, text, or other copyrightable subject matter, and all trademarks, services marks, and trade names appearing therein (collectively, the “Intellectual Property”) are the sole property of Vital Wave and/or its subsidiaries, affiliates, assigns, licensors or other respective owners, and are protected pursuant to United States and foreign law. Nothing contained on the vitalwave.com web site should be construed as granting either directly, by implication, estoppel, or otherwise, any license or right to use any copyrighted material, trademark, service mark, or trade name displayed on the web site without the prior written permission of Vital Wave .

You may not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based on, or distribute in any way any of the Intellectual Property on the site. Notwithstanding the foregoing, you may download the Intellectual Property for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices appearing in any such Intellectual Property. In the event that you download Intellectual Property, you acknowledge and agree that (i) such property is licensed to you by Vital Wave pursuant to the terms of this Terms of Use Agreement, and (ii) no transfer of title to any such Intellectual Property is intended.

Linking to the vitalwave.com Site

vitalwave.com is not responsible for the content of any off-site pages or any other sites linked to the vitalwave.com site. Your linking to any other off-site pages or other sites is at your own risk.

You may link to the vitalwave.com web site by linking to the homepage located at http://www.vitalwave.com, or to any other page within the vitalwave.com site. If you link to vitalwave.com, you may not duplicate the content and may not create frames or other borders around the vitalwave.com site. You also may not imply that Vital Wave endorses you or your services or products and may not misrepresent a relationship with or otherwise create a false affiliation, association, or connection, with Vital Wave or vitalwave.com.

Use of the vitalwave.com Site on Behalf of a Third Party

You represent that, if you are accessing and using the vitalwave.com site on someone else’s behalf, you have the authority to bind that person as a principal to all terms and conditions provided herein. You agree to accept liability for harm caused by that person’s wrongful use of the site.

Disclaimer of Warranties

THE CONTENT FOUND ON THE vitalwave.com SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, VITAL WAVE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. VITAL WAVE DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VITAL WAVE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT APPEARING ON THE SITE OR ON THIRD PARTY SITES IN TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU ASSUME ALL RISK OF ERRORS AND/OR OMISSIONS IN THE CONTENT, INCLUDING THE TRANSMISSION OR TRANSLATION OF INFORMATION. YOU ASSUME FULL RESPONSIBILITY FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKS TO SATISFY YOUR REQUIREMENTS FOR THE ACCURACY AND SUITABILITY OF THE SITE, INCLUDING THE CONTENT, AND FOR MAINTAINING ANY MEANS WHICH YOU MAY REQUIRE FOR THE RECONSTRUCTION OF LOST DATA OR SUBSEQUENT MANIPULATIONS OR ANALYSES OF THE CONTENT PROVIDED ON THE SITE. YOU (AND NOT VITAL WAVE ) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION TO SUCH DATA.

Limitation of Liability

IN NO EVENT SHALL VITAL WAVE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE vitalwave.com SITE OR WITH THE DELAY OR INABILITY TO USE THE vitalwave.com SITE, OR FOR ANY INFORMATION, PRODUCTS AND SERVICES OBTAINED THROUGH THE vitalwave.com SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE vitalwave.com SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF VITAL WAVE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME STATES DO NOT ALLOW LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

Indemnification

You agree to defend, indemnify, and hold harmless Vital Wave and its respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (i) any non-compliance by you with the terms and conditions of this Terms of Use Agreement, and (ii) from claims brought by persons or entities other than the parties to this Terms of Use Agreement arising from or related to your access and use of the vitalwave.com web site, including the information obtained through the web site.

Registration and Security

Should you wish to subscribe to or purchase a newsletter, report or other publication from the vitalwave.com website, you will have to provide Vital Wave certain information, all of which must be accurate and up-to-date. Failure to provide accurate information shall constitute a breach of this Agreement, and may result in non-delivery of orders or the termination of your account.

  1. You shall notify webmaster@vitalwave.com  of any known or suspected unauthorized use(s) of your account information, or any known or suspected breach of security, including the loss, theft, or unauthorized disclosure of your credit card information.
  2. You must be 18 years or older to subscribe to or purchase newsletters, reports or other publications offered on the site; however, persons of all ages may use them.
  3. You are responsible for all Terms of Use or activity on your account, including use of the account by any third party authorized by you.

Fees and Payments

Vital Wave reserves the right at any time to charge fees for access to any portion of the vitalwave.com website or the website as a whole. If at any time Vital Wave requires a fee for portions of the website that are now free, Vital Wave will give you advance notice of such fees and the opportunity to cancel the account before such charges are imposed. All new fees, if any, will be posted in an appropriate location on the web site. You shall pay all fees and charges incurred through your use of subscription or pay-per-order portions of the web site at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any products or services offered for sale through the web site by Vital Wave . All fees and charges shall be billed to and paid for by you.

Communications Between Vital Wave and You

Vital Wave reserves the right to send electronic mail to you for the purpose of informing you of changes or additions to the web site. Vital Wave also reserves the right to disclose information about your Terms of Use, provided that it will not reveal your personal identity. For more information please read our Privacy Policy.

Termination

This Terms of Use Agreement and the license rights granted hereunder shall remain in full force and effect unless terminated by you or by Vital Wave . You may terminate this Terms of Use Agreement at any time by sending an e-mail to webmaster@vitalwave.com. If this Terms of Use Agreement is terminated, you will have no further access to the vitalwave.com site. Vital Wave may, in its sole discretion, terminate this Terms of Use Agreement for any reason, including, without limitation, your breach or assignment of this Terms of Use Agreement, or your tampering with or altering any of the software and/or data files contained in, or accessed through, the web site. Upon termination, you will receive an automated confirmation via e-mail that this Terms of Use Agreement has been terminated, and that your access has been suspended. You are responsible for all charges incurred up to the time this Terms of Use Agreement is terminated. Termination of this Terms of Use Agreement or your access rights shall not affect any right or relief to which Vital Wave may be entitled, at law or in equity. Upon termination of this Terms of Use Agreement, all rights granted to you shall terminate and revert to Vital Wave .

Jurisdiction

Unless otherwise specified, the materials on the vitalwave.com web site are presented solely to provide information regarding and to promote Vital Wave’s products. The vitalwave.com site is controlled and operated by Vital Wave from its offices within the State of California, United States of America. You agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Terms of Use Agreement or your use of the vitalwave.com web site shall be filed only in the state or federal courts located within the State of California, and you submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Those who choose to access this website from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable.

Notices

You agree that, unless other instructions are posted on the vitalwave.com site, all notices will be deemed to have been given if delivered by e-mail or fax, or sent by certified mail, return receipt requested, or by Federal Express or other recognized overnight delivery service to each of the parties in accordance with the most current contact information you have provided to us, and the contact information for vitalwave.com posted on the site. All notices shall be effective upon receipt, except that e-mail and fax notices shall be effective upon transmission.

General

You acknowledge and agree that any acceptance of your application for the services and performance thereof will occur at our offices in Palo Alto, California. You acknowledge and agree that, to the extent necessary, it is your responsibility to: (i) provide all equipment, including a computer and modem, necessary for you to establish a connection to the Internet; and (ii) provide for your own connection to the Internet and pay any telephone fees associated with such connection. Nothing contained in this Terms of Use Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.

Miscellaneous

This Terms of Use Agreement shall be governed by and construed in accordance with the laws of the State of California without giving effect to any principles of conflicts of law. You may not assign any of your rights, obligations or privileges hereunder without the prior written consent of Vital Wave . Any assignment other than as provided for in this Section shall be null and void. If any provision of this Terms of Use Agreement shall be declared unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Terms of Use Agreement and shall not affect the validity and enforceability of any remaining provisions. Vital Wave will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of vitalwave.com as reflected in the original provision. This Terms of Use Agreement may not be amended or modified by you except by means of a written document signed by you and an authorized representative of Vital Wave . Any failure by Vital Wave to enforce any of its rights under applicable laws shall not constitute a waiver of such right. The titles and subtitles used in this Terms of Use Agreement are used for convenience only and are not to be considered in construing or interpreting this Terms of Use Agreement.
You acknowledge and agree that this Terms of Use Agreement may change, and that access to and use of the vitalwave.com site is subject to the Terms of Use Agreement in effect at the time of access and use.

INFORMATION FOR CALIFORNIA RESIDENTS

Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:

Pricing Information – Current prices for the products available on the vitalwave.com site may be obtained by emailing info@vitalwave.com. Vital Wave reserves the right to change its prices at any time.
Complaints – The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at (916) 445-1254.
Copyright Vital Wave , Inc. All worldwide rights reserved.

Privacy Policy

Your privacy is important to Vital Wave , and we appreciate your confidence that we will treat information provided by website visitors, clients, partners and customers carefully and responsibly. This privacy statement describes our commitment to the protection of your privacy through adherence to rigorous electronic information practices. Specifically, this privacy statement sets forth (i) the types of personal information collected by Vital Wave , (ii) how Vital Wave collects user information, (iii) how Vital Wave uses personal information, (iv) how Vital Wave protects personal information, (v) with whom, if anyone, user information is shared, and (vi) how you may access, verify, and if necessary, correct personal information Vital Wave has collected about you.

If you choose to interact with vitalwave.com, your visit and any dispute over privacy is subject to this privacy statement. If you have any concern about privacy at vitalwave.com, please send an email to webmaster@vitalwave.com, and we will try to resolve it. Our business changes constantly. Accordingly, our privacy practices may change, and use of information that we gather now is subject to the privacy practice in effect at the time of use. Please check www.vitalwave.com periodically for changes to our privacy statement. Continued use of our website following any modifications to this Privacy Policy shall be deemed acceptance of any changes.

What Information Does vitalwave.com Receive?

vitalwave.com receives the following types of personal information from our users:

  • Information you provide to us – We receive and store personal information you choose to enter on the vitalwave.com site, or provide us in any other way, such as by telephone or by electronic mail. For example, when you register for our subscription services or purchase a report, we collect personal information about you. Examples of Vital Wave product offerings include:
    • The Nugget – Free commentary every two weeks on business growth opportunities in developing countries. Required information – email address only.
    • Inside Emerging Markets – 1 to 3-page executive briefs on developing-country trends. Required information – first and last name, title, company name, billing address, email address, telephone number, and credit card information. Additional information may be solicited for internal marketing purposes (e.g., “Where did you hear about Vital Wave ?”), but providing this information is optional.
    • Research Reports – Comprehensive reports on growth opportunities in emerging markets. Required information – first and last name, title, company name and address, email address, telephone number, and credit card information. Additional information may be solicited for internal marketing purposes, but providing this information is optional.
  • Automatic Information – vitalwave.com uses “cookies.” Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your web browser to enable our systems to recognize your browser, and customize your vitalwave.com experience. Although most web browsers automatically accept cookies, you can change the configuration of your browser to prevent this from occurring. Of course, we recommend that you leave cookies “turned on” so that we can offer you a more customized service.

In addition to information we gather by the use of cookies, we also automatically receive and store certain other types of information whenever you interact with us. For example, our servers track the type of web browser you are using, where you travel within the vitalwave.com site, and the page to which you link from vitalwave.com. We collect this information to better understand what products and services are of interest to our users.

How Does Vital Wave Use the Information it Receives?

vitalwave.com uses information provided by customers for internal purposes such as confirming, processing, tracking orders and subscriptions, and analyzing purchasing trends to better understand what products and services are of interest to our users. To this end, we may use personally identifiable information in an aggregate form to gain a broader perspective of our users, and to measure interest in the various areas of our site.

vitalwave.com may use your personal information to verify your identity, respond to information requests, or notify you about special events, new products or services that might be of particular interest. These notifications are kept to a minimum. If at any time you decide that you want to stop receiving promotional communications from vitalwave.com, please notify us by sending an e-mail to webmaster@vitalwave.com.

Does Vital Wave Share the Personal Information it Receives?

Vital Wave does not share personal information except as described below:

  • Agents and Service Providers: Vital Wave engages other companies and individuals to perform services on our behalf. Examples of these services include processing credit card payments, sending postal mail and e-mail to you, and analyzing data. While these agents and service providers may have access to your personal information in connection with the performance of services for Vital Wave , they may not use such information for any purpose other than providing such services to Vital Wave .
  • Protection of vitalwave.com and Others: We release account and other personal information when we believe release is appropriate to comply with the law; enforce or apply our Terms of Use Agreement; or protect the rights, property, or safety of Vital Wave , our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.
  • Business Transfers: As we continue to develop our business, we might sell all or certain of our assets. In such transactions, account information may be one of the transferred business assets.

How Secure Is the Information I Provide?

We work to protect the security of information you provide during the registration process by using Secure Sockets Layer (SSL) software, which encrypts the information you input. You can further help to ensure your security by taking a few simple precautions. For instance, you should close browser windows used for ordering a report when the transaction is complete.

How Can I Correct Erroneous Information About Me?

Upon your request, we will gladly correct information you provided, such as your contact information, company or title, transaction information or credit card account information. To correct this information, please contact us at webmaster@vitalwave.com.

Sites other than vitalwave.com

vitalwave.com is committed to protecting your privacy; however, this Privacy Policy applies only to the information collected via the vitalwave.com web site. If you came to vitalwave.com from any other web site, or if you link to another site from vitalwave.com, please be sure that you review the Privacy Policy of that site, as it may differ from our own.

Children

This website is not intended for children under 13 years of age. We do not knowingly collect personally identifiable information from any children under age 13.

Changes to This Policy

Updates or changes to the vitalwave.com Privacy Policy shall be posted on the company website. Changes shall take effect immediately on the date posted.

Questions or comments about this Privacy Policy may be directed to webmaster@vitalwave.com or call (650) 964-1316.