This Now Wave Radio (NWR, “us”, “our” or “we”) Alexa Skill Terms of Use (“Terms”) are between you (“you”, “your” or “the user”) and NWR. These Terms govern your use of the NWR Skill on Amazon’s Alexa service on any Alexa-enabled device (the “Skill”). Before using any of our Skills, please read these Terms as well as NWR’s Alexa Skill Privacy Policy as well as the Alexa Terms of Use and the Privacy Policies by the Amazon Digital Services LLC (with its affiliates, “Amazon”), which also govern and apply to any use by you of our Skills.
To use any of our Skill(s), you must (1) be 13 years or older, (2) have an Alexa-enabled device, (3) have an internet connection, and (4) have an active Amazon account. If any of these requirements do not apply to you, do not use the Skill(s). Parents or guardians may wish to disable the functionality of any of our Skills to prevent use by children under the age of 13 via the parental controls for such Skills made available by Amazon at https://www.amazon.com/b?ie=UTF8&node=17978647011.
By using or accessing our Skill(s), you agree to these Terms, as updated from time to time. NWR reserves the right, in its sole discretion, to modify these Terms at any time without prior notice to you. If you do not agree to the Terms, either here or as may be modified at any time, then you must stop using the Skill(s). Your continued use of the Skill(s), including following any modification of these Terms, constitutes acceptance of these Terms including any changes made by us.
You understand that your use of any of the NWR Skill(s) is voluntary. By using the our Skill(s) on Amazon’s Alexa service on any Alexa-enabled device (e.g., Amazon Echo) you can use voice commands to communicate with us regarding NWR products and services as well as other features enabled by the Skill. Your communication with NWR using the Alexa service constitutes an authorized communication by you. You are solely responsible for all communications with NWR using the NWR Skill(s). Please ensure that others do not interact with NWR via the Skill(s) on your behalf, and, if you do not want to be overheard, ensure that you are out of earshot when interacting with NWR via the Skill(s). It is possible that Alexa (and the equipment Alexa is installed on) and/or Amazon will record your interactions with the Skill(s) and/or with Alexa. Consult your agreements with Amazon including but not limited to the Alexa Terms of Use and the Privacy Policies by the Amazon Digital Services LLC for more details about how interactions are treated by Amazon and your Alexa-enabled device.
Alexa and your Alexa-enabled device were not designed or manufactured by NWR, and NWR does not have control over the software that runs on the device, which includes third-party applications. Alexa may not function without error, and may incorrectly process words, conduct translations, or give responses. By accepting these Terms, you understand and agree that NWR is not responsible for inaccuracies in your interactions with NWR using the Skill(s). In addition, NWR shall not be responsible for any costs associated with your use of our Skill(s), including but not limited to the purchase and use of an Alexa-enabled device or any internet connection or service charges incurred by you.
The Skill(s) is provided on an “as is”, “without any warranty”, and “without any liability” basis. You bear the risk of using it or them. NWR does not guarantee the quality, accuracy, completeness, or timeliness of the Skill(s). NWR does not warrant that the functionality or operation of the Skill(s) will be uninterrupted or free from error that any defects in the Skill(s) will be corrected, or that the Skill(s) or the servers that make it available are free of viruses or other harmful conditions or components. The Skill(s) may occasionally be restricted, interrupted, or discontinued due to various conditions, including without limitation Skill design, network coverage, government regulation, and situations beyond NWR’s control. Neither NWR nor its affiliates, suppliers, licensors or vendors will have any liability to you for any losses suffered as a result of that arise out of or in connection with your use of the Skill(s). To the maximum extent permitted by law, NWR expressly disclaims all warranties of any kind with respect to the Skill, including without limitation, those regarding availability, quality, accuracy, fitness for any use or purpose, compatibility with any standards, and non-infringement.
To the maximum extent permitted by law, NWR and its affiliates, suppliers, vendors and licensors are not liable for any indirect, special, incidental, exemplary, punitive, or consequential loss or damage arising out of or in connection with the device or your use of the Skill(s) (including without limitation the input of personally identifiable and other information into the Skill(s)), whether the claim is based in contract, tort, negligence, strict liability, or otherwise, and even if NWR has express knowledge of the possibility of such loss or damage. You shall not seek to recover any damages (including without limitation direct, consequential, lost profits, special, indirect or incidental damages) from NWR, its affiliates, suppliers, vendors or licensors outside of the conditions set forth in these Terms. You must file any lawsuit or other action directed against NWR, its affiliates, suppliers, vendors or licensors within one (1) year after the date of the event that caused the loss or damage, or you forever waive any right to bring any such lawsuit or other action.
You shall indemnify, defend, and hold harmless NWR, its affiliates, suppliers, vendors and licensors from and against all claims, losses, damages, and expenses (including without limitation reasonable attorneys’ fees) arising out of or in connection with your use of any Alexa enabled device, our Skill(s), or your violation of these Terms.
The Skill is controlled and operated in the United States of America . This agreement is governed by and interpreted according to the law of the State of New Jersey, excluding that body of law applicable to conflicts of law.
If any provision of these Terms is held invalid, void or unenforceable, then that provision will be considered severable from the remaining provisions, and the remaining provisions shall remain in full force and effect. NWR’s failure to enforce any right or provision in this agreement will not constitute a waiver of such provision, or any other provision in these Terms.
Revision 1.0 dated December 30, 2022
