Terms of Use

AGREEMENT BETWEEN USER AND iBWAVE WAVE RUNNER COMMUNITY

The iBwave Wave Runner Community is comprised of various Web pages operated by iBwave.

The iBwave Wave Runner Community is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the iBwave Wave Runner Community constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

iBwave Wave Runner Community reserves the right to change the terms, conditions, and notices under which the iBwave Wave Runner Community is offered, including but not limited to the charges associated with the use of the iBwave Wave Runner Community.

LINKS TO THIRD PARTY SITES

The iBwave Wave Runner Community may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of iBwave Wave Runner Community and iBwave Wave Runner Community is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. iBwave Wave Runner Community is not responsible for webcasting or any other form of transmission received from any Linked Site. iBwave Wave Runner Community is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by iBwave Wave Runner Community or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the iBwave Wave Runner Community, you warrant to iBwave Wave Runner that you will not use the iBwave Wave Runner Community for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the iBwave Wave Runner Community in any manner which could damage, disable, overburden, or impair the iBwave Wave Runner Community or interfere with any other party’s use and enjoyment of the iBwave Wave Runner Community. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the iBwave Wave Runner Community.

USE OF COMMUNICATION SERVICES

The iBwave Wave Runner Community may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.

iBwave Wave Runner has no obligation to monitor the Communication Services. However, iBwave Wave Runner Community reserves the right monitor such Communication Services in compliance with our Privacy Statement and to review materials posted to a Communication Service and to remove any materials in its sole discretion. iBwave Wave Runner Community reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

iBwave Wave Runner Community reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in iBwave Wave Runner Community’s sole discretion.

iBwave Wave Runner Community does not control or endorse the content, messages or information found in any Communication Service and, therefore, iBwave Wave Runner Community specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized iBwave Wave Runner Community spokespersons, and their views do not necessarily reflect those of iBwave Wave Runner Community.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO iBWAVE WAVE RUNNER COMMUNITY OR POSTED AT ANY iBWAVE WAVE RUNNER COMMUNITY WEB SITE

iBwave Wave Runner Community does not claim ownership of the materials you provide to iBwave Wave Runner Community (including feedback and suggestions) or post, upload, input or submit to any iBwave Wave Runner Community or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting iBwave Wave Runner Community, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; improve iBwave’s products and services, including the iBwave Wave Runner Community; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. iBwave Wave Runner Community is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in iBwave Wave Runner Community’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE iBWAVE WAVE RUNNER COMMUNITY WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. iBWAVE WAVE RUNNER COMMUNITY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE iBWAVE WAVE RUNNER COMMUNITY WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE iBWAVE WAVE RUNNER COMMUNITY SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

iBWAVE WAVE RUNNER COMMUNITY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE iBWAVE WAVE RUNNER COMMUNITY WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. iBWAVE WAVE RUNNER COMMUNITY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL iBWAVE WAVE RUNNER COMMUNITY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE iBWAVE WAVE RUNNER COMMUNITY WEB SITE, WITH THE DELAY OR INABILITY TO USE THE iBWAVE WAVE RUNNER COMMUNITY OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE iBWAVE WAVE RUNNER COMMUNITY, OR OTHERWISE ARISING OUT OF THE USE OF THE iBWAVE WAVE RUNNER COMMUNITY, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF iBWAVE WAVE RUNNER COMMUNITY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE iBWAVE WAVE RUNNER COMMUNITY WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE iBWAVE WAVE RUNNER COMMUNITY WEB SITE.

SERVICE CONTACT : In the event you desire to contact iBwave regarding the iBwave Wave Runner Community please email: no-reply@ibwave.com

TERMINATION/ACCESS RESTRICTION

iBwave Wave Runner Community reserves the right, in its sole discretion, to terminate your access to the iBwave Wave Runner Community Web Site and the related services or any portion thereof at any time, without notice.

GENERAL

To the maximum extent permitted by law, this agreement is governed by the laws of the Province of Québec, Canada and you hereby consent to the exclusive jurisdiction and venue of courts in the Province of Québec, Canada in all disputes arising out of or relating to the use of the iBwave Wave Runner Community Web Site. These terms of use have been drafted in the English Language to help ensure broad understanding and you acknowledge the desire to have these terms in the English Language. Les Parties reconnaissent avoir accepté que cette entente soit rédigée en anglais.Use of the iBwave Wave Runner Community Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and iBwave Wave Runner Community as a result of this agreement or use of the iBwave Wave Runner Community Web Site. iBwave Wave Runner Community’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of iBwave Wave Runner Community’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the iBwave Wave Runner Community Web Site or information provided to or gathered by iBwave Wave Runner Community with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and iBwave Wave Runner Community with respect to the iBwave Wave Runner Community Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and iBwave Wave Runner Community with respect to the iBwave Wave Runner Community Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

COPYRIGHT AND TRADEMARK NOTICES:

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Please follow the procedure set forth at https://www.ibwave.com/legal/notice-and-take-down for notifying iBwave of any copyright violations and the request for take down.

and

Privacy Policy

Privacy Statement

iBwave Solutions Inc. (“iBwave,” “we,” “us,” “our”) is committed to safeguarding your personal data. “Personal data” means any information, either on its own or when combined with other information, that can identify an individual. This privacy notice describes what types of personal data we collect, how we process your personal data and what choices you have related to the processing of your personal data. By using the iBwave web site or iBwave products and services, including iBwave Design, iBwave Mobile, iBwave Unity, iBwave Licensing Manager, the iBwave Customer Portal, and the iBwave Wave Runners Community (described throughout as “iBwave products and services”), you agree to this data protection notice.

i. Collection and use of personal data

iBwave collects personal data, including name, address, phone number, email address, and IP address, in connection with your use of our website and/or our products and services. For example, we collect personal data when you:

Visit our website.
Use an iBwave product or service.
Register a user account in order to use an iBwave product or service.
Register a user account in order to become a member of the iBwave Wave Runners Community
Contact us for support.
Interact with the iBwave customer portal message boards.

Interact with the iBwave Wave Runners Community. Please keep in mind that if you directly post personal data or sensitive personal data on the message boards, this data is visible to other users.

We may also collect information according to the contract(s) you sign to use iBwave products and services, including domain names, access times, machine name, network account username, facility address, facility employees, and license start and stop date and time.

If you purchase and take certification exams through our iBwave Wave Runners Community, we will also collect course purchase, registration, and completion status as well as dates associated with course activity, including expiration dates for any certifications you may attain. iBwave will only retain transaction id’s associated with purchases. Payment details are processed by an independent third party.

We may use the personal data we collect from you to:

Personalize your user experience and to allow us to deliver the type of content and product offerings in which you are most interested.
Process your transactions.
Send periodic emails regarding your order.
Provide you with offers or promotions from iBwave.
Provide our products and services.
Operate the systems that provide our products and services properly.
Allow us to better serve you when responding to your customer service requests.
Monitor compliance with and enforce any terms of service.
Manage user established accounts.
Produce aggregated reporting and statistics related to how your accounts are used.
Track your purchased certification course progress.

iBwave may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered. Marketing materials and surveys will include an option to opt-out of receiving these communications if you no longer wish to receive them.

iBwave does not have access to any of your private online communications, including personal emails or online messaging.

ii. Cookies

Based on our legitimate interest in improving this website, we utilize various types of “cookies” to maintain a record of your visit. For more information about the types of cookies used by iBwave, how they are used, and your options for limiting their use, please review iBwave’s Cookies policy by clicking here.

Other than information collected through strictly necessary cookies (as described in iBwave’s Cookies Policy), you will be able to choose whether or not you want to provide such information. For example, some information collected through cookies may also be used for marketing purposes or for tracking and reporting website traffic. If you choose not to provide some information, please be aware that it may not be possible for you to proceed with your chosen business activity with iBwave.

iii. Disclosure

We do not sell, share or otherwise transfer your personal data with third parties, except in the following circumstances:

We provide your personal data to third parties, vendors, or service providers who perform functions on our behalf (e.g., marketing providers, sales lead management providers, product training providers, cloud service providers, and customer support providers).
When required, we provide your personal data to law enforcement, government officials, or other third parties pursuant to a subpoena, court order, or other legal process or requirement applicable to iBwave; or when we believe, in our sole discretion, that the disclosure of personal data is necessary to prevent physical harm or financial loss, to report suspected illegal activity or to investigate violations of our agreements or iBwave policies.
We may provide your personal data to additional third parties with your consent or direction to do so.

International users of our website and iBwave products and services should be aware that iBwave reserves the right to transfer European Union (EU) personal data to other countries which do not have the same level of protection of personal data as the EU for the purposes outlined above. Data transfers to third countries are secured through appropriate contractual safeguards such as the EU Commission’s Standard Contractual Clauses, adherence to the Privacy Shield for transfers to the United States, where applicable, or Binding Corporate Rules for processors. You may request and receive a copy of such documents. Refer to the “Contact us” section below.

iBwave will not share customer personal data with iBwave’s parent company, Corning Incorporated, unless you submit a request to exercise one of the individual rights with respect to your personal data, as further detailed in Section VI of this notice; a data breach requiring support from our corporate legal team, or in the case of a legal dispute related to iBwave products and services.

iv. Data retention

iBwave keeps personal data for as long as is necessary to fulfill the purpose for which the personal data was collected. We will also retain and use your personal data for as long as necessary to comply with local legal obligations, resolve disputes, and enforce our agreements.

iBwave Wave Runner Community personal data is retained for no more than 2 years after your last activity within the platform.

v. iBwave data protection commitments

iBwave is committed to the following data protection principles that require personal data to be:

Processed lawfully, fairly and in a transparent manner in relation to individuals (‘lawfulness, fairness and transparency’);
Collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall not be considered to be incompatible with the initial purposes (‘purpose limitation’);
Adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (‘data minimization’);
Accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay (‘accuracy’);
Kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes subject to implementation of the appropriate technical and organizational measures required by the GDPR in order to safeguard the rights and freedoms of individuals (‘storage limitation’);
Processed in a manner that ensures appropriate security of the personal data, including protection against unauthorized or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organizational measures (‘integrity and confidentiality’).

vi. Your rights

You are allowed to obtain access to the categories of personal data that iBwave processes and can make reasonable requests to correct, amend, or delete personal data, where it is inaccurate. In the event you request that we delete the personal you have provided to us, we may retain a record of your deletion request, as well as records indicating the type of personal data deleted as evidence of our compliance with this Data Protection Notice. In certain circumstances, you can also exercise your rights to obtain the portability of your personal data or to request the restriction of the processing of your personal data.

In addition, you can unsubscribe or opt out of our direct marketing communications at any time, by clicking the “unsubscribe” link in any marketing email or communication we send you. You can also update your preferences by contacting us at privacy@ibwave.com.

iBwave does not endorse, nor does it participate in the practice of “spamming” (sending of unsolicited promotional e-mail). If you believe you have received such a message from iBwave, please contact privacy@ibwave.com.

To submit any of the above mentioned requests, please contact us at privacy@ibwave.com or at the mailing address listed below. Be sure to include your name and clear instructions regarding your request, and iBwave will respond to your message. In the case we are unable to complete your request, we will provide you with relevant explanations.

You also have the right to lodge a complaint with an applicable regulator, including the Office of the Privacy Commissioner of Canada (www.priv.gc.ca), or an EU Supervisory Authority if you suspect that iBwave is not compliant with applicable data protection rules (refer to Section V of this notice).

vii. Children’s personal data

iBwave does not specifically market to, nor does it intend to collect personal data from children under the age of thirteen (13). If you are a parent or guardian and suspect that your child has submitted personal data to iBwave, please contact us at privacy@ibwave.com.

viii. Security measures applicable to your personal data

iBwave implements appropriate technical and organizational measures to protect your personal data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure or access. The same level of protection is contractually imposed by iBwave on our services providers.

ix. Miscellaneous

iBwave’s web sites may contain links to other sites not under the iBwave domain names or not owned by iBwave. These links are provided solely as a convenience to you. We are not responsible for the content, security, or data protection practices employed by non-iBwave web sites. iBwave does not endorse, warrant, or guarantee the products or services described or offered in these other websites. iBwave encourages you to review the privacy statements of web sites you choose to link to from the iBwave website so that you can understand how those web sites collect, use and share your data. iBwave is not responsible for the privacy statements or other content on web sites outside of the iBwave family of web sites.

Non-personal data is information that does not identify you individually. iBwave may use, or share with third parties, non-personal data to improve our website, products and services.

x. Updates to the iBwave Data Protection Notice

From time to time, we may make changes to this notice to reflect changes in our business or to serve you better. If we update this notice, we will post the revised version here on our website (https://ibwave.com/legal/statement). We may also provide notification of updates by other means, such as emailing customers our updated privacy notice. iBwave will make reasonable efforts to publish any such changes in this notice, such as posting on this web site. You should review this notice periodically to stay informed of any changes. Please note the date of the notice above, so that you know when it was last updated.

xi. Contact us

If you want to exercise your rights or if you have any questions or comments about this privacy notice, please contact us at:

iBwave
Address: 400 avenue Sainte-Croix, Suite 2100, Saint-Laurent, Quebec, H4N 3L4
Phone: +1 (514) 397-0606
Toll Free: +1 (855) 442-9283 (1.855.4.IBWAVE)
Fax: +1 (514) 409-2499
Email: Privacy@iBwave.com

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