TERMS OF USE

WANAWARE WEBSITE TERMS OF USE
These Terms of Use apply to WanAware, Inc.’s (“WanAware,” “us,” “we,” or “our”) website (www.wanaware.com or the “Site”).  

Please review these Terms of Use (this “Agreement”) closely. This Agreement contains legal notices regarding WanAware’s information made available to you through this Site and limits on your use of such information. For information on WanAware’s privacy practices, such as information that we collect from you, how we obtain that information, and how we use that information, please review our Privacy Policy. The Privacy Policy applies to your use of the Site, and its terms are incorporated into this Agreement by reference. 

These Terms of Use form a legal agreement between you and WanAware (each, a “Party,” and collectively, the “Parties”) with respect to each Party’s rights and responsibilities regarding our Site, the information contained on our Site, and information that we collect from you. By accessing any portion of our Site, you are indicating that you have read and understood this Agreement and that you agree to be bound by these Terms of Use.    

1. Acceptance of Terms of Use
‍By using our Site, you understand and agree that these Terms of Use are a legally binding agreement between you and WanAware that is the legal equivalent of a written contract signed by both Parties.  

Your agreement to these Terms of Use is confirmed by accessing any portion of our Site or by your continued use of any portion of our Site. You agree that such access and use are legally binding statements indicating agreement to be bound by these Terms of Use that are enforceable as the legal equivalent of your handwritten signature.  

By accessing and using our Site, you agree that you have received, reviewed, and understand these Terms of Use and that you agree to be bound by these Terms of Use after consideration of the information and restrictions on your use of our Site contained herein. 

If you do not agree with these Terms of Use, you are not permitted to access or use our Site. 

2. No Customer Relationship 
WanAware has a policy of entering into business arrangements with customers through written contracts, such as by executing a Master Subscription Agreement. You agree that your use or access of our Site, or receipt of information from our Site, or your transmission of electronic mail to addresses provided on the Site, does not create a client relationship between you and WanAware.  

3. WanAware’s License to You
WanAware hereby grants to you and you accept a non-exclusive and non-transferable personal license to access and use our Site (the “User License”) in the manner described in these Terms of Use. This User License is expressly conditioned on your continued compliance with these Terms of Use. All rights not expressly granted in these Terms of Use are reserved to WanAware. Nothing in these Terms of Use obligates WanAware to continue providing access to our Site beyond the date when WanAware ceases to provide access to our Site to users generally. The User License may be revoked by WanAware at any time and for any reason. 

Any attempts to transfer the User License to another party without the express written consent of WanAware will be invalid and void, including without limitation, any attempt to rent, lease, share, sell, transfer, redistribute, or sublicense the User License to any other third-party.  

4. Restrictions on the User License 
You agree to be bound by and comply with the following restrictions on the User License.

  • You agree to use our Site only in a manner and for the purpose for which our Site was designed, including to access information about our Services. All other uses of our Site must be expressly approved by WanAware in writing. Further, you will not use our Site for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, hateful, or otherwise objectionable to WanAware or harmful to the goodwill of our business, as determined in our sole discretion and at any time. WanAware expressly reserves the right to stop providing you with access to our Site as a result of any such behavior.
  • You will not use, copy, upload, post, reproduce, or distribute any information, content, or other material from our Site that is protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of WanAware or the appropriate owner in writing, including without limitation, employee photos, employee biographies, project information, blog posts or content, and any other written content on our Site.
  • You will not collect or store personal data, or attempt to do the same, of other users of our Site.
  • You will not take any action that may interrupt, limit, or interfere with the functionality of our Site, or of any service, network, or hardware that supports our Site or any other user’s use of the Site.
  • You will use the Site in a manner consistent with applicable laws and regulations and in accordance with these Terms of Use, as they may be amended by WanAware from time to time.
  • You will not decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, create unauthorized copies, or create derivative works of our Site, any updates, or any part thereof (except only as to the extent that any foregoing restriction is prohibited by applicable law). You will not access our Site for any competitive purpose. You also agree that you will not assist third parties in such prohibited acts.
  • You will not use, or attempt to use, any “deep-link,” “page-scrape,” “robot,” “spider,” or other automated program, device, algorithm, or software to access, acquire, copy, or monitor our Site or any portion thereof. Such access, use, and attempted access and use of the Site is strictly prohibited.

Violation of the restrictions on the User License above, or of any other provision of these Terms of Use, will be considered a default of these Terms of Use, and WanAware reserves the right, in its sole discretion, to take appropriate corrective action, including but not limited to, restricting your access to our Site.

5. Electronic Communications 
WanAware may solicit contact with you by electronic mail (“email”) to provide additional information to you regarding our services or potential employment opportunities, such as at the notices@wanaware.com email address, among others. You may send email to this address to request information regarding WanAware or services offered by WanAware, inquiring about employment opportunities, and other like activities within the scope of our business. You acknowledge that email may not be a secure method of communication and agree to provide any confidential or personally identifiable information at your own risk and to hold WanAware harmless regarding the same. You further agree to cease sending email to notices@wanaware.com, or any other @wanaware.com email address upon WanAware’s request. 

6. Term, Modifications, and Termination
These Terms of Use will be effective as of the date of your first access or use of any portion of our Site or the date of your agreement to these Terms of Use, whichever is earlier, and continue in perpetuity until discontinuation of our Site by WanAware.  

These Terms of Use may be updated, edited, modified, changed, or revised at any time and from time to time in the sole discretion of WanAware. Changes to these Terms of Use become effective when an updated version of the Terms of Use is posted to our Site. As such, we ask that you check these Terms of Use periodically for updates. We will use reasonable business efforts to provide you with notice of an update or change to these Terms of Use, but we are not obligated to provide notice to you. Each use of our Site constitutes a separate affirmation or acceptance of the Terms of Use in effect at that time, including any changes to these Terms of Use that went into effect since your prior use(s). The most recent version of these Terms of Use supersedes all previous versions. 

Any new features that are added to our Site, including the release of new features, integrations, tools, resources, or applications, will be subject to these Terms of Use. Your continued use of our Site after any such change(s) will constitute your full consent to these Terms of Use with respect to such changes and new features. Any material on the Site might be out of date at any given time, and WanAware is under no obligation to update that material.

7. Third-Party Links
Our Site may contain links to other third-party websites or applications, or we may have a relationship with certain third parties for provision of our Site to you, as described herein. While WanAware endeavors to work with companies that meet our standards for our customers, WanAware does not control such other parties and their websites, and WanAware and its affiliates and agents make no representations whatsoever concerning the content, accuracy, or security of those sites. The fact that WanAware has provided a link to a site is not an endorsement, authorization, sponsorship, or affiliation with respect to such site, its affiliates, or its providers. Your use of third-party websites and mobile applications is solely at your own risk, and you agree to defend WanAware and hold WanAware harmless from any loss or damage caused to you or your business through third-party websites. 

8. Ownership of Intellectual Property
Our Site is owned by WanAware or its affiliates but is operated by Webflow (see: https://webflow.com/). Certain aspects of our Site, including but not limited to the WanAware name, the source and object code, software, user interface, images, design, and other like material are protected by applicable intellectual property laws and corresponding international treaty provisions. All content, software, trademarks, service marks, trade names, logos, and icons are proprietary property of WanAware or its affiliates or agents (such as Webflow) or are used by WanAware with permission from third-party owners. Nothing contained on our Site or in these Terms of Use should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any intellectual property displayed or contained in our Site without the written permission of WanAware or such third-party that may own the relevant intellectual property. Your use of any intellectual property displayed or contained in our Site, or any other content on our Site is strictly prohibited.  

9. Disclaimer of Warranties
THE SITE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. YOUR ACCESS AND USE OF THE SITE AND ITS CONTENT AND ANY ITEMS OR SERVICES OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY THE LAW AND RULES OF THE APPLICABLE JURISDICTION, WANAWARE DISCLAIMS ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, QUALITY, ACCURACY OR COMPLETENESS OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, QUIET ENJOYMENT, RELIABILITY, UNINTERRUPTED OR ERROR-FREE OPERATION, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY ITEMS OR SERVICES OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

You understand that WanAware cannot and does not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WANAWARE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.

10. Disclaimer of Liability
TO THE EXTENT PERMITTED BY THE LAW IN THE APPLICABLE JURISDICTION, WANAWARE DISCLAIMS LIABILITY FOR ANY AND ALL LOST PROFITS OR INCOME, LOST BUSINESS, OR LOST DATA, OR FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, ENHANCED, OR INCIDENTAL DAMAGES ARISING FROM OR RELATING TO THE SITE, INCLUDING WITHOUT LIMITATION, FOR ANY USE, DELAY, INTERRUPTION, OR INABILITY TO USE THE SITE.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, THE MAXIMUM LIABILITY OF WANAWARE IN AGGREGATE FOR ALL CLAIMS MADE AGAINST WANAWARE IN CONTRACT, TORT, OR OTHERWISE UNDER OR IN CONNECTION WITH THE SITE WILL NOT EXCEED $100.

11. Indemnification
You agree to indemnify and hold WanAware and its affiliates, agents, employees, owners, directors, managers, licensors, and service providers and their respective agents, officers, directors, owners, employees, contractors, licensors, suppliers, successors, and assigns harmless from any claim, demand, loss, cost, liability, damage, judgment, award, or expense, including without limitation attorneys’ fees, made by any person or entity arising out of your violation of these Terms of Use, state or federal securities laws or regulations, your use of the Site or any of its content, services, or products, or any other person’s or entity’s rights, including but not limited to infringement of any proprietary or privacy right. Under no circumstances, including but not limited to a negligent act, will WanAware or its affiliates or agents be liable for any damages of any kind that result from the use of, or the inability to use, the Site. 

12. International Access; Import and Export
We understand that the Site may be accessible worldwide, including in locations outside the United States. However, we make no representation that the Site is appropriate or available for use in any location outside the U.S. We do not represent that WanAware and these Terms of Use will comply with local laws, rules, and regulations in any locations outside the U.S. You understand and agree that your access, use, or attempted access or use of the Site is solely at your own risk and that you are responsible for compliance with local laws, rules, and regulations in your jurisdiction. If our Site does not comply with your local laws, rules, and regulations, we ask that you stop accessing, using, or attempting to access or use the Site. 

You further agree not to import or export information through the Site in violation of any applicable laws or regulations of the United States. You agree to indemnify and defend WanAware, and hold WanAware harmless, from liability for any violation of any such laws or regulations. 

13. Miscellaneous Provisions

  • Applicable Law and Jurisdiction. These Terms of Use will be governed by the law of the United States of America and the State of New York, without regard to conflicts of law principles thereof. This is the case regardless of whether you reside or transact business with WanAware or any of its affiliates or agents in the State of New York or elsewhere. Unless a dispute would be governed by an applicable arbitration clause, you agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within New York City, New York, USA. You waive all objections to the exercise of jurisdiction over you by those courts and to venue in those courts. SUBJECT TO ANY OTHER LAWS, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, THE CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
  • Severability. If any provision of these Terms of Use is adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect.
  • Waiver. The failure of WanAware to exercise or enforce any right or provision of these Terms of Use will not operate as a waiver of such right or provision. Any waiver of these Terms of Use by WanAware must be in writing and signed by an authorized representative of WanAware.
  • Relationship of the Parties. Nothing contained in these Terms of Use, nor your use of our Site, will be construed to constitute either Party as a partner, joint venturer, employee, or agent of the other Party, nor will either Party hold itself out as such. 

14. Contact Information
‍We would love to hear from you! If you have any concerns or questions about these Terms of Use or other matters, please direct your inquiry to: 

WanAware, Inc. 
1434 Spruce St
Suite 100
Boulder, CO 80302

‍notices@wanaware.com

‍Effective:  September 1, 2025