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Terms of Use

The following terms and conditions govern all use of (i) all Transaction Wireless’ websites (the “Sites”) and (ii) all of the products and services available at or through the Sites or otherwise made available by Transaction Wireless (including, without limitation, Transaction Wireless’ wCharge service and Gateway Servers), (collectively, the “Service”).  The Service is owned and operated by Transaction Wireless, Inc. (“Transaction Wireless”).  The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Sites by Transaction Wireless (collectively, the “Terms of Use”). 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR ACCESSING THE SERVICE.  BY ACCESSING ANY PART OF THE SERVICE, YOU AGREE TO BECOME BOUND BY THE TERMS AND CONDITIONS OF THESE TERMS OF USE.  IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THESE TERMS OF USE, THEN YOU MAY NOT USE OR ACCESS SERVICE, OR ANY PART THEREOF.  TRANSACTION WIRELESS’ ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE, TO THE EXCLUSION OF ALL OTHER TERMS. IF THESE TERMS OF USE ARE CONSIDERED AN OFFER BY TRANSACTION WIRELESS, YOUR ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

In addition, some services offered through the Service may be subject to additional terms and conditions; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference. 

1. Restrictions on Use. You agree not to interrupt, or attempt to interrupt, the operation of the Service in any way. You may not advertise or solicit on or through the Service without Transaction Wireless’ express written permission. You agree that you will not use any part of the Service for chain letters, junk mail, "spamming," solicitations (commercial or non-commercial) or bulk communications of any kind including, but not limited to, distribution lists to any person who has not given specific permission to be included in such a list. You may access the Gateway Servers only though the use of the Transaction Wireless’ products.

2. Additional Prohibited Uses.
You shall comply with all applicable laws and regulations.  You agree not to use the Service to (a) promote any unlawful activity or purpose, including without limitation, any activity that could give rise to criminal or civil liability; (b) carry out any unauthorized alteration of any data or information on or supplied by another user of the Service; or (c) conduct any activity that infringes on the copyright, patent, trademark, service mark or other rights of any person or entity. You shall not restrict or inhibit any other user from using and enjoying any part of the Service. You are solely responsible for the content of any transmissions you make to or through the Service.  Furthermore, you agree that you will not send any message or other communication through the Service that: (i) is unlawful, pornographic, false or misleading (including, without limitation, with respect to origin), slanderous, libelous or defamatory; (ii) impersonates any person or entity; (iii) causes injury of any kind to any person or entity; or (iv) contains harmful or malicious components or code that may interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.

3. Privacy. Your use of the Service constitutes your consent to Transaction Wireless’ privacy policy posted on the Sites.

4. Ownership. You agree that the Service contains content specifically provided by Transaction Wireless or its partners and that such content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws.  Except as expressly authorized by Transaction Wireless in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such content.  Use of the content for any purpose not expressly permitted in these Terms of Use is prohibited. 

5. Modification of Terms of Use. TRANSACTION WIRELESS reserves the right to revise these Terms of Use at any time by updating this posting. Your continued use of the Service constitutes your agreement to comply with such revisions, so you should visit this page from time to time. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms placed by Transaction Wireless on the Sites.

6.  New Features.  Transaction Wireless may, in the future, offer new services and/or features through the Service.  Such new features and/or services shall be subject to these Terms of Use.  Your continued use of the Service after the introduction of new features and/or services constitutes your acceptance that these Terms of Use apply to such features and services.

7.  Fees.  Some parts of the Service may require payment of fees.  You shall pay all applicable fees, as described on the Sites (or otherwise by Transaction Wireless) in connection with such parts of the Service selected by you.  Transaction Wireless reserves the right to change its price lists and to institute new charges at any time, upon ten (10) days prior notice to you, which may be sent by email or posted on the Sites.

8.  Termination.  Transaction Wireless may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately.  If you wish to terminate these Terms of Use or your Transaction Wireless account (if you have one), you may simply discontinue using the Service.  Upon termination you shall immediately remove Transaction Wireless’ client software from you mobile handset and delete your Transaction Wireless account information. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

9. Links to Other Sites and/or Materials. Links may appear on the Sites that may be used to link to other website(s). These links are provided as a courtesy to our Sites visitors. Transaction Wireless has no control over the linked websites or the materials, information, goods or services available or contained on these linked websites. Transaction Wireless is not responsible for and does not endorse or warrant in any way any privacy or other practices of such websites or any materials information, goods or services available through such linked websites. If you decide to access any of the linked websites, you do so entirely at your own risk.

10. Disclaimer; Limitation of Damages.

THE SERVICE (INCLUDING, WITHOUT LIMITATION, ALL CONTENT, MATERIALS AND INFORMATION MADE AVAILABLE AT OR THROUGH, OR DESCRIBED ON, THE SERVICE) IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND (EXPRESS OR IMPLIED), INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, NON-INFRINGEMENT OR THOSE ARISING FROM A COURSE OF DEALING.  TRANSACTION WIRELESS DOES NOT WARRANT THAT THE SERVICE OR ITS OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE SERVICE (INCLUDING, WITHOUT LIMITATION, THE SITES’ FORUM FACILITIES OR THE GATEWAY SERVER(S)), IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  YOUR reliance on any advice, opinion, statement or other information displayed ON or distributed through the Service is at your sole risk.  TRANSACTION WIRELESS does not recommend use of the Service (including, without limitation, TRANSACTION WIRELESS’ products) during activities, such as automobile driving, where there exists a risk of personal injury.

ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 U.S.C. 2701-2711): TRANSACTION WIRELESS MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON OR THROUGH THE SERVICE OR ANY WEBSITE LINKED TO THE SITES.  Transaction Wireless will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content stored on our equipment, transmitted over networks accessed by the Sites, or otherwise connected with your use of any part of the Service.

11.  Limitation on Liability. IN NO EVENT SHALL TRANSACTION WIRELESS (OR ITS LICENSORS, SUPPLIERS OR AFFILIATES) BE LIABLE WITH RESPECT TO THE SUBJECT MATTER OF THESE TERMS OF USE FOR: (I) ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, (II) THE COST OF PROCUREMENTS OF SUBSTITUTE GOODS OR SERVICES, OR (III) FOR ANY AMOUNT IN EXCESS OF THE AMOUNTS ACTUALLY PAID BY YOU TO TRANSACTION WIRELESS DURING THE SIX (6) MONTH PERIOD PRIOR TO THE DATE THE CAUSE OF ACTION ACCRUES.  SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.  NEITHER TRANSACTION WIRELESS (NOR ITS SUPPLIER, LICENSORS, OR AFFILIATES) shall liable for viruses or other contamination of the computer system(s) or other device(s) you use in connection with accessing the Service.

12. Indemnification. You agree to indemnify and hold Transaction Wireless and its parent companies, subsidiaries, affiliates, officers, directors and employees, harmless from and against any and all claims, demands, losses, liabilities and costs and expenses (including, without limitation, reasonable attorneys' fees) due to or arising out of your use of the Service, violation of these Terms of Use, or the infringement by you, or any other user of your member name, of any intellectual property or other right of any person or entity.

13. Compliance with Laws. Transaction Wireless operates the Service from its offices in San Diego County, California and makes no representations that materials available or or through the Sites are appropriate or available for use in other locations.  Access to the Service from any territory where the content is illegal is prohibited.  If you choose to access the Service from other locations, you do so at your own risk and are solely responsible for compliance with any and all applicable laws, rules and regulations. You may not use or export any of the Service materials in violation of U.S. export laws and regulations.

14.  Governing Law; Disputes.  These Terms of Use shall be shall be governed by, construed and enforced in accordance with the laws of the State of California as applied to agreements made and to be performed entirely therein.  Any controversy or claim arising out of or relating to these Terms of Use or its subject matter shall be settled by binding arbitration in accordance with the commercial arbitration rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”).  Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable.  The arbitration shall be conducted in San Diego, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.  Notwithstanding anything to the contrary, Transaction Wireless may at any time seek injunctive or other equitable relief, at any time, from any court of competent jurisdiction.  You agree that the exclusive jurisdiction for any claim or action brought to in connection with these Terms of Use shall be in either the state or federal courts with jurisdiction in San Diego County, California.  You and Transaction Wireless agree that any cause of action arising out of or related to these Terms of Use must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.  In any action or proceeding to enforce rights under these Terms of Use, the prevailing party will be entitled to recover costs and attorneys' fee. 

15.  Miscellaneous.  These Terms of Use are the entire agreement between you and Transaction Wireless with respect to the Service, and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Transaction Wireless with respect to the Service.  If any provision of these Terms of Use is found 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 and enforceable.  These Terms of Use and the Services contemplated hereunder are personal to you, and are not assignable, transferable or sublicensable by you except with Transaction Wireless' prior written consent.  Transaction Wireless may assign, transfer or delegate any of its rights and obligations hereunder without consent.  All waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein.  No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect.  All notices under these Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.  For clarity, communications made through the any of the Sites’ email systems shall in no way be deemed to constitute legal notice to Transaction Wireless or any of its officers, employees, agents or representatives, where notice is required by contract, or any federal, state or local laws, rules or regulations.

16.  Copyright and Trademark Notices.  Unless otherwise indicated, these Terms of Use and all content provided by Transaction Wireless are copyright © 2007 Transaction Wireless, Inc.  All rights reserved.

Transaction Wireless and the Transaction Wireless logos are either trademarks or registered trademarks of Transaction Wireless, Inc.  The names of actual companies and products mentioned at the Sites (or otherwise through the Service) may be the trademarks of their respective owners.

17.  Violations.  Please report any violation of these Terms of Use by contacting Transaction Wireless at info@TransactionWireless.com.