Privacy

SMS Privacy Statement

By consenting to The Next Wave’s SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.

If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

For any questions, please text HELP to the number you received the messages from. You can also contact us at [email protected] for more information.

We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

Your right to privacy is important to us. You can see our Privacy Policy https://thenextwave.biz/privacy to determine how we collect and use your personal information.

Arbitration and Class Action Waiver Agreement:

Arbitration:

By using or purchasing The Next Wave Marketing Innovation products or services, you agree that any controversy, claim, action, or dispute between you and The Next Wave Marketing Innovation  arising out of or relating to: (a) these Terms, or the breach thereof; or (b) your access to or use of The Next Wave Marketing Innovation  ’s website or the services or the materials; or (c) any alleged violation of any federal or state or local law, statute or ordinance (each such controversy or claim, a “Claim”), shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association in accordance with its applicable rules.

Arbitration is a form of dispute resolution in which parties agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. The arbitrator is obligated to issue a reasoned award in writing, including all findings of fact and law upon which the award was made. The arbitrator shall not have the power to commit errors of law, and the arbitrator’s award may be vacated or corrected through judicial review by a court of competent jurisdiction. Each party’s attorneys’ fees, expert costs, and other costs and expenses incurred in connection with arbitration will be borne by the party incurring such costs and expenses.

Arbitration Procedures:

Claims shall be heard by a single arbitrator. Arbitrations shall be held in Montgomery County, Ohio, USA, but the parties may choose whether to appear in person, by phone, or through the submission of documents.  The arbitration shall be governed by the Federal Arbitration Act (“FAA”) and by the internal laws of the State of Ohio, without regard to conflicts of laws principles. Any disputes in this regard shall be resolved exclusively by an arbitrator. If, but only if, the arbitrator determines the FAA does not apply, New York law governing arbitration agreements will apply. All disputes with respect to whether the foregoing mutual arbitration provisions are unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court.

Exclusion from Arbitration:

Notwithstanding the terms of this Arbitration Agreement, you may choose to pursue a Claim in court and not by arbitration if you opt-out of these arbitration procedures within 30 days from the date that you first purchase any of The Next Wave Marketing Innovation’s products or services (the “Opt-Out Deadline”). You may opt out by mailing a written notification to [email protected]. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes through arbitration. Your decision to opt-out will have no adverse effect on your relationship with The Next Wave Marketing Innovation. You are responsible for ensuring  The Next Wave Marketing Innovation ’s receipt of your opt-out notice, and you therefore may wish to send a notice by means that provide a written receipt.  Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Claim in arbitration.

Class Action Waiver:

You and The Next Wave Marketing Innovation agree that you may bring or participate in Claims against The Next Wave Marketing Innovation only in your respective individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding.  Unless both you and The Next Wave Marketing Innovation agree otherwise in writing, the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding any other clause contained in this Agreement, any Claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

Privacy policy for this website

Comments on Posts

We never censor comments based on political or ideological point of view. We only delete those comments that are abusive, off-topic, use excessive foul language, or include ad hominem attacks. Calling people names will not be tolerated. You may find your nasty comments changed to make you look like a chump, so be careful to stick to facts.

The contents of the comments are that of the comment’s author, and obviously do not reflect the opinion of David Esrati or the people who help maintain esrati.com. The commenting system on esrati.com is open and unmoderated; David Esrati does not personally endorse or condemn any comments.

Use

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You agree to indemnify and hold harmless esrati.com, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of this Agreement. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.

This site may contain various combinations of text, images, audiovisual productions, opinions, statements, facts, articles, market data, stock quotes or other information created by esrati.Com or by third-parties. Due to the number of sources from which content in this service is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in such content. Accordingly, such content, including the market data, is for your reference only and should not be relied upon by you for any purpose. Such content is not intended for the purpose of tax or investment advice and it does not advocate the purchase or sale of any security or investment. Information created by third parties that you may access on the service or through links is not adopted or endorsed by esrati.com and remains the responsibility of such third parties.

This agreement shall be governed by the laws of the United States and the State of Ohio, applicable to agreements made and to be performed therein without regard to conflict of laws principles . By continuing to use the service, you agree to abide by the terms of this agreement.

Technical Information & Site Help

This site uses free, open source software that is designed to work well on any modern web browser, on any modern platform – Mac, PC, and mobile included. We test on many contemporary configurations, but it is impossible for us to recreate every possible usage scenario, as there are literally thousands of them.

We highly recommend the Firefox web browser for a superior internet experience, in addition to a screen resolution of 1024×768 or higher.

The site intends to use XHTML specifications as defined by the W3C, and comply with Section 508 accessibility standards.

If you notice any site issues or have any site usage questions, please contact our technical support.