Welcome to Pebble Wave! 1. Overview 1.1        This Terms of Service Agreement (“Agreement”) is between You and Pebble Wave (individually referred to as the “Party” and collectively referred to as the “Parties”). See Section 3, infra.
1.2        The subject matter of this Agreement is the Service provided to You by Pebble Wave and all collateral matters relating to the Service. See Section 4, infra.
1.3        Any issues regarding the meaning, enforceability and breach of this Agreement shall be governed by the applicable laws of the State of Delaware and subject to arbitration. See Section 5, infra.
1.4        You must agree to this Agreement to lawfully use the Service. You will be deemed to have accepted each and every term of this Agreement by making any form of use of the Service. See Section 6, infra.
1.5        Either Party may terminate this Agreement at will, with or without cause, and with or without notice to the other Party. See Section 8, infra.
1.6        The Service consists solely of any software, portion of the Service and other indispensable collateral matters relating thereto that are both actively created by Pebble Wave and intentionally provided to You. See Section 9, infra.
1.7        The Service is provided to You only when the Service is actually available for Your use and without any warranty. See Section 15, infra.
1.8        You may use the Service only as intended. Any deviation would constitute a breach of this Agreement. See Sections 8, 12 and 13, infra.
1.9        You do not have any vested interest in the continued use of the Service or in the Service itself. See Sections 9 and 11, infra.
1.10      You shall not hold Pebble Wave liable for any damage You have sustained as a result of Pebble Wave’s provision of the Service to You. See Section 15 and 16, infra.
1.11      You shall indemnify Pebble Wave for any damage Pebble Wave has sustained as a result of Pebble Wave’s provision of the Service to You. See Section 16, infra.
2. General Definitions 2.1        “Claim” means any controversy or legal or equitable claim arising out of, relating to or in breach of this Agreement.
2.2        “Comprise” means include but not limited to. The enumerated items following the word “comprise” form a subset of all possible items that is covered by the term preceding the word “comprising.”
2.3        “Day” means calendar day. Unless otherwise indicated, weekends and holidays recognized by any authority are included in the determination.
2.4        Each term in this Agreement incorporates the singular, plural and possessive forms of the term.
3. Parties to This Agreement 3.1        This Agreement is between You and Pebble Wave, and no other Third Parties.
3.2        The term “You” comprises not only You, the direct and intended user of the Service provided by Pebble Wave, but also any of Your agents, principals, assigns, licensees, successors in interest, beneficiaries, family members, incidental users or anyone who may assert any Claim on Your behalf under any law within any jurisdiction, within or without the United States of America. It also includes any foreseeable parties that may assert any Claim against Pebble Wave as a direct or indirect result of Your using of the Service provided by Pebble Wave.
3.3        The term “Pebble Wave” comprises Pebble Wave, LLC, a limited liability company formed under the laws of the State of Delaware and whose principal place of business is in Medford, Massachusetts, United States of America, and any of its assigns, licensees, licensors, successors in interest, parents, children or anyone who may assert any Claim on behalf of Pebble Wave under any law within any jurisdiction, within or without the United States of America.
3.4        The term "Third Party" comprises all individuals and entities that do not fall within the definitions of Sections 3.2 and 3.3, supra.
4. Subject Matter of This Agreement 4.1        The subject matter of this Agreement is the Service provided to You by Pebble Wave and all collateral matters relating to the Service.
4.2        This Agreement incorporates by reference any and all external terms and documents hereinafter expressly referred to. If such terms are contained within a document that is by the terms and nature of the document subject to subsequent alterations, then the most current version of the terms will be deemed to be incorporated by reference. The timing of incorporation by reference is hereby agreed to be continuous, and solidified only upon a breach of this Agreement or when a legal or equitable claim arising from this Agreement is filed with any competent jurisdiction.
4.3        This Agreement forms the foundation of all agreements subsequently entered into by You and Pebble Wave (“Additional Terms”), regardless of whether this Agreement is expressly or implicitly incorporated by reference by such Additional Terms or not. All such Additional Terms are deemed to have incorporated by reference each and every sentence of this Agreement automatically at the time the Additional Terms gained legal significance and without any need for express or implied notice of such incorporation.
4.4        Any contradiction between the Additional Terms and this Agreement shall be resolved in favor of the Additional Terms. The conflicting portions of this Agreement shall be struck and deemed be replaced by relevant portions from the Additional Terms. Any portion struck shall be limited to only the specific words that caused the conflict and any words that must necessarily be replaced to form a grammatically correct sentence. Such replacements must be done reasonably and in good faith, and without imposing any material deviation to the meaning of the replaced words.
5. Governing Laws and Arbitration 5.1        This Agreement and any conflicts arising out of this Agreement shall be governed, arbitrated and adjudicated in strict accordance to this Section, without regards to the conflict of laws provisions of any forum state where any Claim may have been initially brought.
5.2        The capacity of the Parties to enter into this Agreement, the formation of this Agreement, the validity of this Agreement, the interpretation of this Agreement or anything else that may relate to the nature, spirit and enforceability of this Agreement shall be governed by the relevant laws of the State of Delaware. The term “capacity” comprises infancy and insanity.
5.3        The performance and any breach of this Agreement shall be governed by the relevant laws of the State of Delaware, regardless of where the actual place of performance or breach was.
5.4        All other procedural or substantive issues relevant to this Agreement shall be governed by the relevant laws of the State of Delaware. Such issues comprise burden of proof, standard of negligence, statute of limitations, statute of frauds, rebuttable/irrebuttable presumptions, parol evidence, survival of actions, counterclaims and damages.
5.5        The subject matter of this Agreement is Service, and this Agreement, in its entirety, or any Claim shall not be subject to the Uniform Commercial Code. See Section 4, supra.
5.6        Any Claim shall be brought to the attention of the Legal Department of Pebble Wave, in writing, within thirty (30) days after the occurrence of the action or situation that gave rise to such Claim. Failure to do so shall constitute a waiver of the Claim at law and in equity. Pebble Wave shall be given a reasonable period of time to remedy the action or situation that gave rise to such Claim.
5.7        Any Claim that cannot be remedied or settled through negotiation shall be subject to mediation administered by the American Arbitration Association under its Commercial or any other relevant Mediation Procedures before resorting to arbitration, litigation or some other dispute resolution procedure. If a solution is not reached within sixty (60) days, then, upon notice by either Party to the other, all Claims shall be finally settled by arbitration.
5.8        Any Claim that cannot be remedied, settled through negotiation or settled through mediation shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial or any other relevant Arbitration Rules including the Optional Rules for Emergency Measures of Protection. The judgment on the award rendered by the arbitrator(s) shall be final and may be entered in any court having jurisdiction thereof.
6. Acceptance of This Agreement 6.1        You must agree to this Agreement to lawfully use the Service. You may not use the Service if You do not agree to this Agreement.
6.2        You can agree to this Agreement either by expressly notifying Pebble Wave of Your acceptance of each and every sentence within this Agreement or by actually interacting with the Service in any way whatsoever. Express acceptance comprises clicking “Accept” or “Agree” to this Agreement, or the equivalent thereof, where this option is made available to You by Pebble Wave in the user interface for the Service or any portion thereof. If agreement is expressed by interacting with the Service, You understand and agree that Pebble Wave will treat Your use of the Service as acceptance of each and every sentence of this Agreement from that point onwards.
6.3        You may not use the Service and may not agree to this Agreement if You are not of legal age to form a binding contract with Pebble Wave, or You are a person barred from receiving the Service under the laws of the United States or other countries including the country in which You are a resident or from which You use the Service, including, but not limited to, being listed on any United States Government list of prohibited or restricted parties or located in a country that is subject to a United States Government embargo or that has been designated by the United States Government as a "terrorist supporting" country.
6.4        By agreeing to this Agreement, You stipulate that all facts contained in this Agreement shall be deemed to be true should this Agreement become the subject matter of any litigation.
6.5        By agreeing to this Agreement, You acknowledge that this Agreement does not grant You any additional rights against Third Parties, nor does this Agreement abridge any rights such Third Parties may have against You. If any provision within this Agreement is found to be abridging any such rights of any such Third Parties, the conflicting provision within this Agreement shall be construed as only relevant to You and Pebble Wave.
6.6        Before You continue, You should print or save a local copy of this Agreement for Your records.
7. Modification of This Agreement 7.1        Pebble Wave may make changes to this Agreement and any Additional Terms from time to time. When these changes are made, Pebble Wave will make a new copy of this Agreement available at http://www.pebblewave.com/legal/terms_of_service.html and any new Additional Terms will be made available to You from within, or through, the affected Service.
7.2        No other means of notification of modifications to this Agreement or any Additional Terms shall be required. However, You agree that Pebble Wave, at its sole discretion, may notify You by email, regular mail or posting on the Service.
7.3        You understand and agree that if You use the Service after the date on which this Agreement or any Additional Terms have changed, Pebble Wave will treat Your use as acceptance of the updated Agreement or Additional Terms.
8. Termination of This Agreement 8.1        Either Party may terminate this Agreement at will, with or without cause, and with or without notice to the other Party. Absent such a termination, this Agreement will continue to apply.
8.2        You may terminate this Agreement either by notifying Pebble Wave, in writing, of Your intent to terminate this Agreement, or by closing Your account for the Service, if this option is made available to You. Regardless of the means to terminate chosen, You must immediately cease all interactions with the Service. Your notification of Your intent to terminate grants Pebble Wave an irrevocable authority to close Your account for the Service on Your behalf upon receipt of the notification. Your notice should be sent to Pebble Wave’s Legal Department.
8.3        Pebble Wave may, at any time, terminate this Agreement with or without cause and with or without notice to You. Automatic termination of this Agreement is provided for if You have breached any portion of this Agreement, You have acted in manner which clearly shows that You do not intend to, or are unable to, comply with each and every sentence of this Agreement, Pebble Wave is required to do so by law, Pebble Wave is transitioning to no longer providing the Service to users in the country in which You are resident or from which You use the service, or the provision of the Service to You by Pebble Wave is, in Pebble Wave’s sole opinion, no longer commercially viable.
8.4        Although not required to do so, Pebble Wave may, at its sole discretion, notify You of the termination of this Agreement. You agree that Pebble Wave may, at its sole discretion, notify You by email, regular mail, posting on the Service or any other means it shall choose.
8.5        Termination of this Agreement has no effect on the legal rights, obligations and liabilities that You and Pebble Wave have agreed to, benefited from and/or been subject to under this Agreement. The sole effect of the termination of this Agreement is the revocation of Your privilege to interact with the Service. Any subsequent interactions with the Service shall be deemed as unlawful.
9. Scope and Nature of the Service 9.1        The Service consists solely of any software, portion of the Service and other indispensible collateral matters relating thereto that are both actively created by Pebble Wave and intentionally provided to You. Each and every component of the Service is the sole property of Pebble Wave. No interest in any component of the Service may vest in You under any circumstance.
9.2        Other companies, contractors to and not related to Pebble Wave, (“Affiliates”) may provide the Service to You at the request and on behalf of Pebble Wave. You acknowledge and agree that such Affiliates will be entitled to provide the Service to You.
9.3        The Service facilitates communication between businesses and individuals. It is, thus, very likely that products or services not actively created and intentionally provided to You by Pebble Wave (“Externalities”) may be accessible through the Service from time to time. However, such Externalities are not part of the Service and shall not be considered to be part of the Service under any circumstance.
9.4        The form, nature and availability of the Service may change from time to time without prior and/or subsequent notice to You. Pebble Wave, and no other Third Party, retains full discretion on when, how and by whom the Service may be provided, maintained, modified or terminated, and when, how and whom the modification or termination will affect.
9.5        Although Pebble Wave may, at its sole discretion, solicit inputs from You in regard to the modification or termination in order to improve Your experience using the Service, Your inputs are purely advisory and are not binding on Pebble Wave in any way, shape or form. Pebble Wave is under no obligation to solicit inputs from You on any matter, regardless of its importance to You, and does not promise that Your inputs will be reviewed at all even if solicited.
9.6        Maintenance and preservation of Your account details or any files or other content which is contained in Your account (collectively referred to as “Account Content”) is not part of the Service. Pebble Wave will not willfully tamper with the Account Content. However, if Pebble Wave disables access to, terminates or deletes Your account, either intentionally or accidentally, You may be permanently prevented from accessing the Service and the Account Content. Although backups of the Account Content may be made periodically to ensure and improve the availability of the Service, Pebble Wave is under no obligation to provide You with any backup of the Account Content, even if the cost and effort required for doing so is minimal.
9.7        While Pebble Wave may not currently have set a fixed upper limit on the number of transmissions You may send or receive through the Service or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by Pebble Wave at any time, at Pebble Wave’s sole discretion.
10. Externalities in the Service 10.1      Externalities include any and all information that is accessible through the Service but not part of the Service, may be in any form, comprising data files, written texts, computer software, audible signals, audio files, images and videos, and may be for any purpose, comprising advertising, notification, advocacy and solicitation or expression of opinion.
10.2      Externalities are the sole responsibility of the person or entity from which such content originated. Pebble Wave accepts absolutely no responsibility in any and all Externalities accessible through the Service. If the Externalities are hyperlinks to other web sites or resources, You must understand, acknowledge and agree that Pebble Wave (1) has no control over such web sites or resources, (2) is not responsible for the availability of any such external web sites or resources, (3) does not endorse any advertising, products or other materials on or available from such web sites or resources, and (4) is not liable for any loss or damage which may be incurred by You as a result of the availability of those external sites or resources, or as a result of any reliance placed by You on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
10.3      Externalities presented to You through the Service may be subject to intellectual property rights and protected under relevant intellectual property laws. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on any Externality, either in whole or in part, that was obtained through the Service, unless You have obtained express written permission to do so from the owners of that Externality, in a separate agreement.
10.4      Pebble Wave reserves the right, but shall have no obligation, to pre-screen, review, flag, filter, modify, refuse or remove any or all Externalities from any portion of the Service. Some Externalities may be patently offensive, indecent, sexual, objectionable and illegal. For certain portions of the Service, Pebble Wave may, at its sole discretion, attempt to reduce Your exposure to materials that You may find objectionable. However, You must understand, acknowledge and agree that such Externalities are not endorsed by Pebble Wave, You are likely to encounter such Externalities, and, by using the Service, You understand the risk of being exposed to such Externalities and have fully and intelligently assumed the risk.
10.5      Some of the Service are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Service, queries made through the Service or other information. The manner, mode and extent of advertising by Pebble Wave on the Service are subject to change without prior and/or subsequent notice to You. In consideration for Pebble Wave granting You access to and use of the Service, You agree that Pebble Wave may place such advertising on the Service.
11. Proprietary Rights 11.1      Pebble Wave owns all legal rights, titles and interests in and to the Service, including any intellectual property rights that may subsist in the Service, regardless of whether those rights are registered or not, and wherever in the world those rights may exist. If any information is designated as confidential by Pebble Wave, You shall not disclose such information without Pebble Wave’s express prior written consent.
11.2      Unless agreed upon in a separate written agreement between You and Pebble Wave, nothing in this Agreement shall be construed to give You any right or interest to the use of any of Pebble Wave’s trade names, trademarks, trade dresses, service marks, logos, domain names and other distinctive brand features (collectively referred to as the “Brand”). If You have been given an explicit right or interest to the use of the Brand in a separate written agreement with Pebble Wave, then Your use of the Brand shall be in compliance with that agreement, all provisions of this Agreement and any relevant Additional Terms not in conflict with the separate written agreement.
11.3      You shall not remove, obscure, or alter any proprietary rights notices, including copyright and trademark notices, which may be affixed to or contained within the Service.
11.4      Unless agreed upon in a separate written agreement between You and Pebble Wave, in using the Service, You shall not use or facilitate or encourage the use by a Third Party of the Brand of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such Brand.
11.5      Unless expressly provided for in this Agreement or any relevant Additional Terms, Pebble Wave obtains no right, title or interest from You in or to any Externalities that You submit, post, transmit or display on, or through, the Service, including any intellectual property rights which subsist in the Externalities. Unless agreed upon in a separate written agreement between You and Pebble Wave, You are responsible for protecting and enforcing those rights and that Pebble Wave has no obligation to do so on Your behalf.
11.6      You retain copyright and any other rights You already hold in the Externalities which You submit, post or display on or through, the Service. By submitting, posting or displaying the Externalities, You give Pebble Wave a perpetual, irrevocable, worldwide, royalty-free and non-exclusive license (“Externality License”) to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute the Externalities, in whole or in part, at the sole discretion of Pebble Wave. This Externality License is for the sole purpose of enabling Pebble Wave to display, distribute and promote the Service.
11.7      The Externality License includes a right for Pebble Wave to make such Externalities available to other companies, organizations or individuals with whom Pebble Wave has relationships for the provision of the Service and/or the syndication thereof.
11.8      Pebble Wave, in performing the required technical steps to provide the Service, may transmit or distribute Your Externalities over various public networks and in various media, and make such changes to Your Externalities as are necessary to conform and adapt the Externalities to the technical requirements of connecting networks, devices, services or media. You agree that the Externality License shall permit Pebble Wave to take these actions and that Pebble Wave does not come into possession, by virtue of taking these actions, any additional rights not already granted by the Externality License.
11.9      You confirm and warrant to Pebble Wave that You have all the rights, power and authority necessary to grant the Externality License.
12. Software Rights 12.1      Pebble Wave gives You a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use any software provided to You by Pebble Wave as part of the Service (“Software”). This Software License is for the sole purpose of enabling You to use and enjoy the benefit of the Service as provided by Pebble Wave, in manners consistent with this Agreement and any relevant Additional Terms. This Software License does not grant you any right to use any such Software on or through any means which you do not otherwise have the permission or right to possess, control, use or access.
12.2      Unless agreed upon in a separate written agreement between You and Pebble Wave or otherwise expressly permitted or required by law, You may not personally or facilitate or encourage a Third Party to copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof.
12.3      Unless agreed upon in a separate written agreement between You and Pebble Wave, You may not assign, in whole or in part, or grant a sub-license of Your rights to use the Software, grant a security interest in or over Your rights to use the Software, or otherwise transfer any part of Your rights to use the Software.
12.4      The Software which You use may automatically download and install updates from time to time from Pebble Wave. These updates are designed to improve, enhance and further develop the Service and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates and permit Pebble Wave to deliver these to You as part of Your use of the Service.
13. Use of the Service 13.1      In order to access certain components of the Service, You may be required to provide information about Yourself, such as identification or contact details, as part of the registration process for the Service, or as part of Your continued use of the Service. It is Your duty to continuously ensure that any registration information You give or have given to Pebble Wave is accurate, complete, truthful and up-to-date. Any violation of this duty, however slight, constitutes grounds for termination of this Agreement.
13.2      You agree to use the Service only for purposes that are permitted by this Agreement, any applicable Additional Terms, and any applicable laws, regulations or generally accepted practices or guidelines of the United States of America and in any other relevant jurisdictions, including any laws regarding the export of data or software to and from the United States of America or other relevant countries. Examples of such prohibited activities include, but not limited to, the use of the Service to:
13.2.1   Stalk, harass, abuse, defame, threaten or defraud any individual or company (individually referred to as the “Entity” and collectively referred to as the “Entities”);
13.2.2   Collect, attempt to collect or store location or personal information about any Entity;
13.2.3   Further any illegal purpose or conduct in violation of any local, state, national or international law, including, but not limited to, laws governing intellectual property and other proprietary rights, data protection and privacy;
13.2.4   Post any materials that is offensive, pornographic, unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of any Entity's privacy or is harmful to the rights of any Entity in any way;
13.2.5   Post, store, send, transmit or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights or any other proprietary or intellectual property rights; and
13.2.6   Post non-local or otherwise irrelevant Externalities, repeatedly post the same or similar Externalities or otherwise impose an unreasonable or disproportionately large load on Pebble Wave's infrastructure.
13.3      You agree not to access or attempt to access any of the Service by any means other than through the interface that is provided by Pebble Wave, unless You have been specifically allowed to do so in a separate agreement with Pebble Wave. You specifically agree not to access or attempt to access any of the Service through any automated or manual means, including the use of scripts, web crawlers, hacking, password mining or any other unauthorized means.
13.4      You agree that You will not engage in any activity that interferes with, disrupts, diminishes the quality of or impairs the functionality of the Service or anything that is related to the Service, such as the servers and the networks.
13.5      You agree that You will not assist or encourage the commission or attempt of any activity expressly or impliedly prohibited by this Agreement and any Additional Terms.
13.6      Unless agreed upon in a separate written agreement between You and Pebble Wave, You agree that You will not modify, adapt, translate, reverse engineer, reproduce, duplicate, copy, sell, trade or resell any portion of the Service for any purpose.
14. Account Security 14.1      You will be solely responsible to Pebble Wave and any Third Parties for all activities that occur under Your account.
14.2      If You become aware of any unauthorized use of Your password or of Your account, You agree to notify Pebble Wave’s Legal Department immediately.
15. Exclusion of Warranties 15.1      Nothing in this Agreement shall exclude or limit Pebble Wave’s warranty or liability for losses which may not be lawfully excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in Your jurisdiction will apply to You and our liability will be limited to the maximum extent permitted by law.
15.2      You expressly understand and agree that Your use of the Service is at Your sole risk and that the Service is provided "as is" and “as available.”
15.3      In particular, Pebble Wave and its Affiliates do not represent or warrant to You that (1) Your use of the Service will meet Your requirements, (2) Your use of the Service will be uninterrupted, timely, secure or free from error, (3) any information obtained by You as a result of Your use of the Service will be accurate or reliable, and (4) that defects in the operation or functionality of the Software will be corrected.
15.4      Any material downloaded or otherwise obtained through the use of the Service is done at Your own discretion and risk and that You will be solely responsible for any damage to Your computer system or other device or loss of data that results from the download of any such material.
15.5      No advice or information, whether oral or written, obtained by You from Pebble Wave or through or from the Service shall create any warranty not expressly stated in this Agreement.
15.6      Pebble Wave further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
15.7      By using any Software or the Service, You agree that You shall hold Pebble Wave and its Affiliates harmless for any and all injuries incurred by You.
16. Limitation of Liability 16.1      Subject to the overall provision in Paragraph 15.1 above and to the maximum extent allowed by law in Your jurisdiction, You expressly understand and agree that Pebble Wave and its Affiliates shall not be liable to You for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by You, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit, whether incurred directly or indirectly, any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or service, or other intangible loss.
16.2      Subject to overall provision in Paragraph 15.1 above, You expressly understand and agree that Pebble Wave and its subsidiaries and affiliates shall not be liable to You for any loss or damage which may be incurred by You, including but not limited to loss or damage as a result of:
16.2.1   Any reliance placed by You on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between You and any advertiser or sponsor whose advertising appears on the Service;
16.2.2   Any changes which Pebble Wave may make to the Service, or for any permanent or temporary cessation in the provision of the Service or any features within the Service;
16.2.3   The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through Your use of the Service;
16.2.4   Any situation the prevention of which is not expressly provided for as a duty of Pebble Wave in this Agreement; and
16.2.5   Your breach of this Agreement.
16.3      The limitations on Pebble Wave’s liability to You in Paragraph 16.1 above shall apply whether or not Pebble Wave has been advised of or should have been aware of the possibility of any such losses arising.
16.4      You agree that You will indemnify Pebble Wave, in full, for any and all losses and damages Pebble Wave may suffer and any and all incidental costs, including court costs and litigation and attorney fees, as a result of (1) Your breach of this Agreement or any relevant Additional Terms, or (2) any Externalities that You create, transmit or display while using the Service.
17. Inquiries 17.1      By mail: All inquiries should be directed to Pebble Wave, LLC, 12 Ship Ave. #7, Medford, Massachusetts 02155.
17.2      By email:
17.2.1   All law related inquiries should be directed to legal@pebblewave.com; and
17.2.2   All other inquiries should be directed to support@pebblewave.com.
18. Miscellaneous 18.1      As a result of, or through Your use of the Service, You may use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between You and the company or person concerned. If so, this Agreement does not affect Your legal relationship with these other companies or individuals.
18.2      This Agreement constitutes the whole legal agreement between You and Pebble Wave, governs Your use of the Service, and completely replaces any prior agreements between You and Pebble Wave in relation to the Service.
18.3      You agree that if Pebble Wave does not exercise or enforce any legal right or remedy which is contained in this Agreement or which Pebble Wave has the benefit of under any applicable law, this will not be taken to be a formal waiver of Pebble Wave’s rights and that those rights or remedies will still be available to Pebble Wave.
18.4      If any court of law, having the jurisdiction to decide on this matter, rules that any provision of this Agreement is invalid, then that provision will be removed from this Agreement without affecting the rest of the Agreement. The remaining provisions of this Agreement will continue to be valid and enforceable.
18.5      If Your use of the Service is accomplished through an iPhone or iPod touch, You acknowledge and agree that Apple and its subsidiaries are third party beneficiaries of this Agreement, and that Apple will have the right to enforce this Agreement against You as a third party beneficiary thereof.