1. Who we are and acceptance of these Terms
These Terms of Use (“Terms”) govern your access to and use of the website located at isowave.us and any related pages we operate (the “Site”). The Site is operated by IsoWave Technologies Inc., a Washington corporation, P.O. Box 2327, Yelm, WA 98597 (“IsoWave,” “we,” “us,” or “our”).
By accessing or using the Site, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Site.
If you access the Site on behalf of a practice, clinic, company, or other organization, you represent that you have authority to bind that organization, and “you” includes both you and that organization.
2. Eligibility and intended audience
The Site is intended for licensed healthcare professionals, wellness and fitness business owners and operators, and their authorized staff located in the United States who are evaluating the IsoWave System for use in their practice or business. It is not directed to consumers or patients seeking personal health information or treatment.
You must be at least 18 years old to use the Site or submit information through it. We do not knowingly collect information from anyone under 18.
We make no representation that the Site or its content is appropriate or available outside the United States. If you access the Site from elsewhere, you do so on your own initiative and are responsible for compliance with local law.
3. Website content and educational disclaimer
All content on the Site — including text, research summaries, articles, specifications, images, and downloadable materials — is provided for general educational and informational purposes only.
Not medical advice. Nothing on the Site constitutes medical, clinical, or professional advice, and nothing on the Site creates a provider–patient or other professional relationship. Professionals should rely on their own training, judgment, and applicable standards of care.
No disease claims. IsoWave products are not intended to diagnose, treat, cure, or prevent any disease. Research summaries on the Site describe the broader photobiomodulation literature and do not represent claims about any IsoWave product. Results described in third-party research may not be representative of any outcome a practice or its clients will experience.
Preliminary specifications. Product specifications, features, software capabilities, timelines, and pricing shown on the Site are preliminary and subject to change without notice pending final engineering verification. Nothing on the Site is a binding offer or a guarantee of availability, performance, or regulatory status.
Regulatory status. You are responsible for determining whether offering red-light services is permitted under the licensing rules, scope-of-practice regulations, and advertising laws that apply to your profession and location.
4. Consultation and pre-order requests
The Site allows you to request a consultation or pre-order information by submitting a form. Submitting a form is a request for information only. It does not create an order, reservation, contract, or obligation on either party, and we may decline any request at our discretion.
No products or services are sold through the Site. Any purchase, lease, subscription, pre-order, or deposit relating to the IsoWave System, its software, or related services is governed exclusively by a separate written agreement signed by you and IsoWave. In the event of a conflict between these Terms and that agreement, that agreement controls as to the products and services it covers.
You agree that the information you submit is accurate and that you have the right to provide it. We may contact you by email or phone at the contact details you provide to respond to your request. We will not send you text messages unless you separately opt in.
5. Accounts and customer portal
Certain areas of the Site may in the future require you to register for an account (for example, a customer portal or access to the IsoWave software). If you register, you agree to:
- provide accurate, current, and complete information and keep it updated;
- keep your login credentials confidential and not share them with anyone outside your organization;
- notify us promptly at privacy@isowave.us of any unauthorized use of your account; and
- accept responsibility for all activity under your account.
Account access may also be subject to additional terms presented at registration or in your customer agreement. We may suspend or terminate accounts that violate these Terms.
6. Intellectual property
The Site and all of its content, features, and functionality — including text, graphics, logos, images, product designs, software, and the selection and arrangement of the foregoing — are owned by IsoWave or its licensors and are protected by United States and international copyright, trademark, patent, and other intellectual property laws.
IsoWaveTM, the IsoWave logo, and “More than equipment. A supported system.” are trademarks of Isowave Technologies Inc. Trademark applications are pending. You may not use our marks without our prior written permission.
We grant you a limited, revocable, non-exclusive, non-transferable license to access and view the Site for your internal business evaluation purposes. You may not copy, reproduce, distribute, modify, create derivative works from, publicly display, or commercially exploit any Site content without our prior written consent, except that you may print or download a single copy of pages for your internal reference, provided you keep all proprietary notices intact.
Third-party names, marks, and research cited on the Site belong to their respective owners and are referenced for identification only.
7. Acceptable use
You agree not to:
- use the Site for any unlawful purpose or in violation of these Terms;
- submit false, misleading, or impersonating information through any form;
- attempt to gain unauthorized access to the Site, its servers, or any connected systems or data;
- use robots, scrapers, or other automated means to access or collect content from the Site without our written permission;
- introduce viruses, malware, or other harmful code;
- interfere with or disrupt the Site or the networks connected to it;
- reverse engineer any software made available through the Site; or
- use the Site to send unsolicited communications or to harvest contact information.
We may investigate violations and cooperate with law enforcement as appropriate.
8. Third-party links and services
The Site may contain links to third-party websites, research publications, and services, and may use third-party tools such as hosting, analytics, and customer-relationship software. We do not control and are not responsible for the content, policies, or practices of any third party. Links are provided for convenience and do not imply endorsement. Your use of third-party sites is at your own risk and subject to their terms.
9. Disclaimer of warranties
THE SITE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ISOWAVE DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, OR THAT ANY CONTENT IS ACCURATE, COMPLETE, OR CURRENT.
This Section does not limit any warranty expressly set out in a separate signed agreement for IsoWave products or services. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
10. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, ISOWAVE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, ISOWAVE’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).
These limitations apply regardless of the legal theory asserted and are a fundamental part of the basis of the bargain between you and IsoWave. They do not apply to liability that cannot be limited under applicable law and do not limit liability under any separate signed agreement for IsoWave products or services.
11. Indemnification
You agree to defend, indemnify, and hold harmless IsoWave and its officers, directors, employees, contractors, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or relating to (a) your violation of these Terms, (b) your misuse of the Site, (c) information you submit through the Site, or (d) your violation of any law or the rights of a third party.
12. Governing law, arbitration, and class action waiver
Please read this Section carefully. It affects your legal rights, including your right to file a lawsuit in court and to have a jury decide your claims.
Governing law. These Terms and any dispute arising out of or relating to them or the Site are governed by the laws of the State of Washington and the Federal Arbitration Act, without regard to conflict-of-law principles.
Informal resolution first. Before starting arbitration, you agree to send a written description of the dispute to privacy@isowave.us or to our mailing address below, and to attempt in good faith to resolve it with us for at least 30 days.
Binding arbitration. If the dispute is not resolved informally, any claim or controversy arising out of or relating to these Terms or the Site will be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules then in effect. The arbitration will be conducted by a single arbitrator and will take place in Thurston County, Washington, unless the parties agree otherwise or the arbitrator permits remote proceedings. Judgment on the award may be entered in any court of competent jurisdiction. The arbitrator, not a court, decides all questions about the scope and enforceability of this arbitration agreement.
Class action and jury trial waiver. YOU AND ISOWAVE EACH AGREE THAT DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. YOU AND ISOWAVE EACH WAIVE ANY RIGHT TO A JURY TRIAL. The arbitrator may not consolidate claims of more than one person or preside over any form of class or representative proceeding.
Exceptions. Either party may bring an individual claim in small claims court, and either party may seek injunctive or other equitable relief in court to protect its intellectual property or confidential information. For any matter not subject to arbitration, you consent to the exclusive jurisdiction and venue of the state and federal courts located in Thurston County, Washington.
Opt-out. You may opt out of this arbitration agreement by emailing privacy@isowave.us with your name and the statement “I opt out of arbitration” within 30 days after you first use the Site.
Severability of this Section. If the class action waiver is found unenforceable as to a particular claim, then this entire Section 12 will not apply to that claim, which will instead be heard in the courts identified above.
13. Changes, termination, and general provisions
Changes to the Site and these Terms. We may modify or discontinue the Site, or any part of it, at any time. We may update these Terms by posting a revised version with a new effective date. Your continued use of the Site after a change means you accept the revised Terms. Material changes will be flagged on this page for at least 30 days.
Termination. We may suspend or terminate your access to the Site at any time, with or without notice, for any conduct we believe violates these Terms or is harmful to IsoWave, other users, or third parties. Sections 3 and 6 through 13 survive termination.
Feedback. If you send us suggestions or feedback about the Site or our products, you grant us a perpetual, royalty-free license to use it without obligation to you.
Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and IsoWave regarding the Site. They do not replace any separate signed agreement for IsoWave products or services.
Severability and waiver. If any provision is held unenforceable, the remainder stays in effect. Our failure to enforce a provision is not a waiver of it.
Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, or sale of assets.
Contact. Questions about these Terms may be sent to:
Isowave Technologies Inc.
P.O. Box 2327
Yelm, WA 98597