mWIRE Terms of Use

Terms, conditions, and notices

1. Agreement Between the Consumer (Customer) and/or Merchant (Vendor, Company) and Times Shamrock Communications (TSC): This product offered to you, the customer and/or merchants ("You"), by TSC ("Us", "We", "TSC", "Licensees") conditioned on your acceptance without modification of the terms, conditions, and notices contained in this agreement ("Agreement"). Your use of this product constitutes your agreement to all such terms, conditions, and notices.

2. Copyright and Trademark Notices:
The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the product are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights, and, any copying, redistribution, or publication of any such content or any part of the Site is prohibited. All contents of this product are: Copyright © 2001-2006 Waterfront Wireless Properties and/or its suppliers, Box 18062 Waterfront Circle, Pittsburgh, PA 15236 U.S.A. Waterfront Wireless Properties, Waterfront Wireless Properties.com are trademarks of Waterfront Wireless Properties. Other product and company names mentioned herein may be the trademarks of their respective owners.

3. Restricted Use:
If you are a consumer interested in submitting an information request, this product is for your personal and noncommercial use. If you are a merchant, this product is for your commercial use to the extent of responding to the requests generated by consumers using this product. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, gather, compile, or sell any information (including customer contact information), software, products or services obtained from this product.

4. Software Available for Download:
Any software that is made available to download or use from this website ("Software") is the copyrighted work of Waterfront Wireless Properties. Your use of the software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the software ("License Agreement"). You may not install or use any software that is accompanied by or includes a license agreement unless you first agree to the license agreement terms. For any software not accompanied by a license agreement, TSC hereby grants to you a personal, nontransferable license to use the software for viewing and otherwise using this website in accordance with these terms, conditions and notices, and for no other purpose. Please note that all software, including without limitation all HTML code, Java code, and Active X controls contained in this website, is owned by TSC and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTEED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.

You acknowledge that the software and any accompanying documentation and/or technical information is subject to applicable export control laws and regulations of the U.S.A. You agree not to export or re-export the software, directly or indirectly, to any countries that are subject to U.S.A. export restrictions.

5. TSC Connects Customers and Merchant Companies:
TSC’s mWIRE product is a communications medium by which consumers interested in receiving information for products or services can identify and be connected to merchants who may be able to respond with such information. We are not involved in the actual transaction between the consumer and merchant. As a result, we do not have control over the quality, timing, safety or legality of any product or service actually purchased subsequent to a request. We do not and cannot control whether or not merchants submit information as requested, represent their products or services accurately or fulfill any agreement or obligation they may subsequently establish with or promise to the consumer. We encourage consumers to communicate directly with merchants or with third parties, such as the Better Business Bureau, to a degree sufficient to establish the reliability of the merchant. Merchant will at no time represent that TSC endorses a merchant or its services. Any disputes between merchant and consumer are to be handled by the merchant. Merchant is solely responsible for any product exchanges, payments or returned merchandise.

MERCHANTS ARE NOT PERMITTED TO USE CUSTOMER CONTACT INFORMATION FOR FURTHER MARKETING ACTIVITIES, NOR ARE THEY PERMITTED TO RESELL, RENT OR DISTRIBUTE THAT CONTACT INFORMATION TO ANY THIRD PARTY, WITHOUT THE CUSTOMER'S PERMISSION IN WRITING. FAILURE TO COMPLY WITH THIS AGREEMENT WILL LEAD TO REMOVAL FROM THE TSC mWIRE MERCHANT NETWORK.

6. Conditions for Use of mWIRE :
You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to use this product in accordance with all terms and conditions herein. You agree to supervise all usage by minors of this product under your name or profile. You also warrant that all information supplied by you or any member of your household is true and accurate. Without limitation, any speculative, false or fraudulent requests are prohibited. You agree that the services of this product shall be used only to request legitimate purchase information for you or for another person for whom you are legally authorized to act. You understand that overuse or abuse of the services offered by the product may result in you being denied access to such services.

7. No Unlawful or Prohibited Use:
As a condition of your use of this product, you warrant to TSC that you will comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and any related activities. In addition, you warrant that you will not use this product in any way prohibited by these terms, conditions and notices.

8. Release and Indemnification:
Because we are not and cannot be involved in consumer/merchant transactions, in the event that you have a dispute with one or more other consumers or merchants, you release TSC (and our licensees, agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." You agree to indemnify, defend and hold TSC and its affiliates, licensees and suppliers harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to the violation of this contract or use of the product.

9. Links to Third-Party Websites:
This website may contain links to websites operated by parties other than TSC. Such hyperlinks are provided for reference only. TSC does not control such websites and is not responsible for their contents. TSC inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

10. Right to Refuse Service:
TSC reserves the right in its sole discretion to refuse service at any time, or to remove any consumer or merchant from the website at any time.

11. Disclaimer:
TSC DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC MERCHANT AND DOES NOT PROVIDE ADVICE ON WHICH SUPPLIER TO SELECT OR WHICH PRODUCTS TO BUY. TSC DOES NOT SELL, SOLICIT APPLICATIONS FOR, OR WRITE CONTRACTS FOR ANY GOODS OR SERVICES. TSC IS NOT A BROKER ACTING ON BEHALF OF ANY CONSUMER AND IS NOT AN AGENT ACTING ON BEHALF OF ANY VENDOR COMPANY. IT IS RECOMMENDED THAT PRIOR TO MAKING ANY BUYING DECISIONS YOU CONSULT PROFESSIONALS AS APPROPRIATE.

12. No Warranty:
TSC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE OR SERVICES CONTAINED BY THIS WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE OR SERVICES ARE PROVIDED "AS IS," "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. TSC AND/OR ITS SUPPLIERS SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS OF WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU."

13. Limit of Liability:
We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our website may be interfered with by numerous factors outside of our control. IN NO EVENT SHALL TSC AND/OR ITS LICENSEES BE LIABLE FOR LOST PROFITS OR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, WITH ANY DELAY OF OR INABILITY TO USE THIS WEBSITE, WITH ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE, OR INTENDED USE, OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF TSC PROPERTIES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. Because some states and jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

14. Modification of the Website:
TSC (and/or its suppliers) reserves the right in its sole discretion to improve, modify or remove any information or content appearing on the website. TSC may discontinue or revise any or all aspects of the website in its sole discretion and without prior notice.

15. Modification of These Terms of Use:
TSC reserves the right to change the terms, conditions, and notices under which this website is offered at any time. Modification of this contract will be deemed effective upon publication on the website with respect to any consumer or merchant actions, communications or transactions occurring after said date. It is your responsibility to check terms and conditions of this Agreement at the time of each use.

16. General:
This agreement is governed by the laws of the Commonwealth of Pennsylvania, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts in Lackawanna  County, Pennsylvania, U.S.A., in all disputes arising out of or relating to the use of this website. Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, brokerage, or agency relationship exists between you and TSC as a result of this agreement or use of this website. TSC’s performance of this agreement is subject to existing laws and legal processes and nothing contained in this agreement is in derogation of TSC’s right to comply with law enforcement requests or requirements relating to your use of this website or information provided to or gathered by TSC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. This agreement constitutes the entire agreement between the customer and/or merchant and TSC with respect to this website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and TSC with respect to this website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Use of this website constitutes agreement with the terms and conditions described in this document. Any rights not expressly granted herein are reserved.