Terms of Service

Terms of Use

Effective Date: September 10, 2025

By accessing, browsing, or using the Bluewave Data Solutions (“Bluewave,” “we,” “us,” or “our”) website located at bluewavedatasolutions.com (the “Site”), our services (including but not limited to warm transfer services for insurance quotes), or any content, materials, features, or functionalities available through the Site (collectively, the “Services” and “Content”), you (“User,” “you,” or “your”) agree to be bound by these Terms of Use (“Terms”), our Privacy Policy, and any other rules, policies, or guidelines published on the Site or incorporated herein by reference. These Terms form a legally binding agreement between you and Bluewave Data Solutions, Inc., a Texas corporation, including its affiliates, subsidiaries, agents, successors, and assigns.

If you do not agree to these Terms, you must immediately cease all access to and use of the Site, Services, and Content. Your continued use constitutes your unconditional acceptance of these Terms, without any reservations, representations, or warranties. You represent and warrant that: (i) you are at least 18 years of age or the age of majority in your jurisdiction and capable of forming a legally binding contract; (ii) you have the full authority to bind yourself (or the entity you represent) to these Terms; (iii) your use of the Site, Services, and Content complies with all applicable local, state, federal, and international laws, regulations, and industry standards, including but not limited to data privacy, consumer protection, and communications laws; and (iv) you will not use the Site, Services, or Content for any unlawful or prohibited purpose.

These Terms include important provisions regarding dispute resolution through binding arbitration (Section 7), limitations on liability (Section 8), indemnity obligations (Section 10), and your consent to electronic communications, including text messages (SMS/MMS) where applicable (Section 6). We reserve the right to refuse access to the Site or Services to anyone for any reason at any time.

What We Do

The Site serves as a business-to-business (B2B) platform connecting independent insurance agencies and professionals (“Partners”) with consumer leads seeking insurance quotes. Through our Services, consumers may submit requests for quotes via online forms on affiliated websites or directly through our processes, and we facilitate “warm transfers” by connecting these leads in real-time to Partners who purchase such leads from us.

We are not an insurance provider, broker, agent, or carrier. We do not sell, underwrite, or administer insurance policies or products. We do not endorse, recommend, or guarantee any Partner, insurance policy, coverage, quote, or outcome. We provide no financial, legal, or insurance advice. All interactions between Partners and consumers are solely between those parties, and we act solely as an independent contractor facilitating the transfer of leads. We are not responsible for the accuracy, completeness, or legality of any information provided by consumers or Partners, nor for any disputes arising from such interactions.

If you are a consumer interacting with our Services (e.g., submitting a quote request), these Terms apply to you, but please also review our Privacy Policy for details on how we handle your personal information. Consumers should note that by submitting information, you consent to the sharing of your data with Partners for the purpose of providing quotes, subject to applicable laws.

Accessing Our Site and Services

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site, Services, and Content solely for your internal, legitimate business purposes related to inquiring about or purchasing warm transfers (if you are a Partner) or requesting quotes (if you are a consumer). This license does not include any right to: (i) resell, distribute, or commercially exploit the Site, Services, or Content; (ii) modify, adapt, or create derivative works from the Content; (iii) use any data mining, robots, spiders, or similar automated data gathering or extraction tools; or (iv) frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information without our express written consent.

All rights not expressly granted herein are reserved by us, including all intellectual property rights in the Site, Services, and Content. You acknowledge that the Site and Services may contain proprietary and confidential information protected by applicable intellectual property and other laws.

We may, at our sole discretion, modify, suspend, or discontinue any part of the Site or Services at any time, with or without notice. We are not liable for any such changes or for any interruption, delay, or failure in the Site or Services.

Unauthorized Use

You agree not to engage in any conduct that could damage, disable, overburden, or impair any part of the Site or Services, or interfere with any other party’s use thereof. Prohibited activities include, but are not limited to:

  • Infringing on our or any third party’s intellectual property rights, privacy rights, or other proprietary rights;
  • Attempting to gain unauthorized access to the Site, Services, accounts, computer systems, or networks connected thereto, including through hacking, password mining, or any other means;
  • Disclosing or sharing login credentials or access information with unauthorized third parties;
  • Circumventing, disabling, or otherwise interfering with security-related features, encryption, or access restrictions;
  • Violating any applicable local, state, federal, or international laws, regulations, or standards, including export controls and sanctions;
  • Creating, reproducing, modifying, translating, or distributing derivative works based on the Site, Services, or Content without prior written consent;
  • Reverse engineering, decompiling, disassembling, or otherwise attempting to derive the source code or underlying ideas of the Site or Services;
  • Using the Site or Services to create or submit false, misleading, or fraudulent accounts, inquiries, or information, including with the intent to deceive Partners, consumers, or us;
  • Uploading, posting, or transmitting viruses, malware, worms, Trojan horses, or any other harmful code that could disrupt, damage, or interfere with the operation of the Site, Services, or any user’s equipment;
  • Harvesting or collecting email addresses, phone numbers, or other personal information for unsolicited communications or spam;
  • Impersonating any person or entity, or falsely stating or misrepresenting your affiliation with a person or entity.

We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, violates this section, including terminating access, reporting to law enforcement, and pursuing legal remedies.

Business Relationship

Bluewave and its Partners are independent contractors. Nothing in these Terms or your use of the Site or Services creates or implies any partnership, joint venture, agency, franchise, employment, or fiduciary relationship between us and any Partner or consumer. The term “Partner” refers solely to independent agencies or professionals who purchase warm transfers from us and does not imply any formal affiliation beyond the transactional relationship described herein.

If you are a Partner, you acknowledge that we do not control, direct, or oversee your interactions with consumers, and you are solely responsible for complying with all applicable insurance laws, regulations, and professional standards in your jurisdiction.

Communications and Consent

By providing your contact information (including email address or mobile phone number) through the Site or Services, you expressly consent to receive communications from us and our Partners, including but not limited to emails, phone calls, and text messages (SMS/MMS), for transactional, operational, and marketing purposes related to your quote requests, lead transfers, or Services. Such communications may include automated or pre-recorded calls and texts sent using an automatic telephone dialing system (ATDS) or other technology.

  • Consent for SMS/MMS: If you provide a mobile phone number, you provide prior express written consent to receive text messages from us and our Partners at that number. Standard message and data rates may apply. Message frequency varies. You are not required to provide this consent as a condition of purchasing goods or services.
  • Opt-Out Mechanisms: To opt out of marketing emails, follow the unsubscribe link in the email or contact us at unsubscribe@bluewavedatasolutions.com. For SMS, reply “STOP” to any message, or contact us at the address below. We will honor opt-out requests promptly, but transactional communications (e.g., confirmations) may continue as necessary. Opting out of one type of communication does not affect others.
  • TCPA Compliance: All communications comply with the Telephone Consumer Protection Act (TCPA) and similar state laws. You represent that the contact information you provide is accurate and that you are authorized to provide it.

For more details on how we collect, use, share, and protect your information, including opt-out rights and data subject rights under laws like the California Consumer Privacy Act (CCPA) and equivalents in other states (e.g., Virginia Consumer Data Protection Act, Colorado Privacy Act), please review our Privacy Policy, which is incorporated herein by reference. The Privacy Policy may be updated from time to time, and continued use constitutes acceptance of changes.

Bluewave’s Privacy Policy

Your use of the Site and Services is also governed by our Privacy Policy, available at [bluewavedatasolutions.com/privacy-policy], which details our practices regarding the collection, use, disclosure, and protection of your personal information. By using the Site or Services, you consent to all actions we take with respect to your information consistent with the Privacy Policy.

We comply with applicable data protection laws, including but not limited to CCPA/CPRA, GDPR (if applicable to EU residents), and state-specific privacy laws. If you are a consumer, you have rights to access, delete, correct, or opt out of the sale or sharing of your personal data, as outlined in the Privacy Policy.

Resolution by Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms, the Site, Services, Content, or your relationship with us (collectively, “Disputes”) shall be resolved exclusively through binding arbitration, except as provided below. This applies to all Users, including Partners and consumers, and survives termination of these Terms.

  • Informal Resolution: Before initiating arbitration, you must provide us with written notice of the Dispute, including a detailed description and proposed resolution, sent to: Bluewave Data Solutions, Inc., [Insert Address], Attn: Legal Department. We will attempt to resolve the Dispute within 30 days. If unresolved, either party may initiate arbitration.
  • Exceptions: You may bring individual claims in small claims court in your county of residence or Travis County, Texas, if within jurisdictional limits. Disputes involving intellectual property infringement or government agency actions are exempt from arbitration.
  • Arbitration Rules: Arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (or Commercial Arbitration Rules if applicable), as modified by these Terms. The Federal Arbitration Act (FAA) governs, preempting state law where inconsistent. Arbitration will be conducted in English by a single neutral arbitrator. The location will be your county of residence (or a mutually agreed location) if you are a consumer; for Partners, it will be Travis County, Texas, unless otherwise agreed.
  • No Class Actions: All Disputes must be resolved on an individual basis. You waive any right to participate in class actions, class arbitrations, or representative actions. If this waiver is found unenforceable, the entire arbitration provision is void.
  • Confidentiality: Arbitration proceedings and awards shall be confidential, except as required by law.
  • Limitations: Claims must be filed within one (1) year of accrual, or they are barred. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
  • Costs: Each party bears its own costs, except as provided by AAA rules or applicable law.
  • Opt-Out: You may opt out of this arbitration provision by sending written notice to us at the address above within 30 days of first accepting these Terms (or any material update). The notice must include your name, address, and a clear statement rejecting arbitration. Opting out does not affect other Terms.
  • Changes: Material changes to this section will not apply retroactively to Disputes arising before the change. We will notify you of changes via Site posting or email.
  • Third-Party Beneficiaries: Our affiliates, agents, and Partners may enforce this provision for Disputes related to the Site or Services.
  • Severability: If any part of this section is invalid, the remainder remains enforceable, except as noted for class action waivers.

If you do not agree to arbitration, do not use the Site or Services.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BLUEWAVE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, AND SUCCESSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATING TO THESE TERMS, THE SITE, SERVICES, CONTENT, OR YOUR USE THEREOF, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WE ARE NOT LIABLE FOR: (i) ERRORS, OMISSIONS, INACCURACIES, OR TYPOGRAPHICAL ERRORS IN CONTENT; (ii) DAMAGE TO YOUR COMPUTER, MOBILE DEVICE, OR OTHER PROPERTY FROM ACCESSING OR USING THE SITE OR SERVICES; (iii) UNAUTHORIZED ACCESS TO OR USE OF OUR SYSTEMS OR YOUR DATA; OR (iv) ANY THIRD-PARTY CONDUCT, INCLUDING PARTNERS OR CONSUMERS.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS SHALL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM. THESE LIMITATIONS APPLY REGARDLESS OF LEGAL THEORY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF A REMEDY FAILS ITS ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO THEY MAY NOT APPLY TO YOU.

Release of Liability

You hereby release and forever discharge Bluewave, its directors, officers, employees, agents, affiliates, and successors from any and all claims, demands, damages, losses, liabilities, expenses (including attorneys’ fees), and causes of action arising from or relating to disputes between you and any third party, including but not limited to Partners, consumers, or other Users, in connection with the Site, Services, or warm transfers. This release includes, without limitation, any claims for personal injury, property damage, or economic loss.

Indemnity

You agree to indemnify, defend, and hold harmless Bluewave, its directors, officers, employees, agents, affiliates, and successors from and against all claims, demands, damages, losses, liabilities, expenses (including reasonable attorneys’ fees and court costs), and causes of action arising from or relating to: (i) your use of the Site, Services, or Content; (ii) your violation of these Terms or any applicable law, regulation, or third-party right; (iii) your submission of inaccurate, fraudulent, or misleading information; or (iv) any dispute between you and a third party related to the Services.

This obligation survives termination of these Terms or your use of the Site. You agree to cooperate fully in the defense of any claim. We reserve the right to assume exclusive control of the defense, and you may not settle any claim without our prior written consent.

Choice of Law

These Terms and any Disputes shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws principles. The FAA governs arbitration provisions. You consent to the exclusive jurisdiction and venue of courts in Travis County, Texas, for any non-arbitrable matters. You waive any objection based on forum non conveniens or similar doctrines.

Our failure to enforce any right or provision shall not constitute a waiver. If any provision is held invalid or unenforceable, the remaining provisions remain in full force.

Amendments

We may amend these Terms at any time. Changes will be posted on the Site with the updated effective date. Your continued use after posting constitutes acceptance. For material changes, we may provide additional notice via email or Site banner. If you do not agree to changes, cease use immediately. These Terms supersede all prior agreements and represent the entire understanding between you and us.

Partial Invalidity

If any provision of these Terms is held invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to reflect the parties’ intent, and the remaining provisions shall remain in full force and effect.

Acknowledgement

You acknowledge that you have read, understood, and agree to these Terms, which have the same force as a signed agreement. No third party is a beneficiary hereof except as expressly stated. Electronic acceptance (e.g., clicking “I Agree” or continued use) is binding.

For questions, contact us at:

Bluewave Data Solutions, Inc.

1225 N Willow Ave Suite 100

Clovis, CA 93619

Email: contact@bluewavedatasolutions.com