Wasabi
Wireless terms and conditions apply to the
services we offer to our customers. Paid
subscribers or anyone using our service, with or
without the suscribers consent, are considered
customers. By signing up for, paying for, or
using our Wasabi Guide cellular information
service, you agree to these terms and conditions.
If there are any issues with these terms, please
contact Wasabi Wireless at (973) 655-1418.
Our service is provided at our discretion. We may
cancel it at anytime without prior notice.
Changes to our service and changes to our terms
and conditions may occur from time to time.
Please check the Wasabi Wireless website, www.wasabiwireless.com for the most recent
information.
You agree not to use Wasabi Wireless services in
any way that is illegal, fraudulent or abusive.
If you violate these terms we may cancel your
Wasabi Wireless content service without further
notice to you.
Service Information
Service is only available in geographic areas
covered by the messaging service network of your
cellular provider. Quality of service may be
affected by conditions beyond our control,
including atmospheric, geographic, topographic
conditions, act of terrorism or act of God. We do
not warrant or guarantee that service will be
available at any specific time or geographic
location, or that service can be provided without
interruption. Additional Fees
Most U.S. cellular carriers do not charge their
customers to receive text messages. Wasabi
Wireless explicitly states on the Wasabi Guide
V1.0 signup page that some U.S. carriers may
charge a per message fee to receive text messages
and that our potential customers should contact
their cellular service provider or PCS provider
for more information. It is the sole
responsibility of Wasabi Wireless customers to be
aware any text messaging fees from their cellular
service provider on which Wasabi Wireless will
transmit Wasabi Guide V1.0 weekly messages to
their cell phone. Wasabi Wireless is not liable
for any cellular message fees.
Messaging Setup Support
Wasabi Wireless will provide reasonable and
customary customer support to assist our
customers with setting up their cell phones to
receive text messages and to activate a text
message alert method that is already available in
our customers cell phones. Additional support
including modifying message alert preferences
and/or disabling message alert functions is not
provided by Wasabi Wireless. Cell phone manuals
should be consulted or equipment providers should
be contacted for this type of support.
Unsolicited Messages
If you intentionally send unsolicited messages to
any Wasabi Wireless customers we will terminate
your service without further notice.
Limitation of
Liability
Wasabi Wireless is not liable to you for any
indirect, special incidental, consequential,
exemplary or punitive damages of any kind,
including lost profits by reason of any act or
omission in our provision of services under this
agreement. We are not liable for any act or
omission of any other company furnishing a part
of our service or any equipment provided for such
service, including or errors or omissions of any
vendors participating in offers made through us,
or for any damages that result from any product
or service provided by or manufactured by third
parties.
Indemnification
You agree to indemnify and hold harmless Wasabi
Wireless from any and all liabilities, penalties,
claims, causes of action and demands brought by
third parties including the costs, expenses and
attorneys fees on account thereof resulting from
the Customer's use of the service whether based
in contract or tort including strict liability
and regardless of the form of action.
Warranties
We do not supply cell phones or other equipment,
therefore the only warranties are those extended
by the manufacturers. We have no liability in
connection with the cell phones, and other
equipment or for the manufacturer's acts or
omissions. We do not provide cellular or PCS
telephone service, therfore we have no liablity
in connection with their services. However, at
our discretion wev may choose to refund a portion
of your annual subcription in the case of any
outage of service affecting delivery of Wasabi
Wireless update.
We make no warranties or representations, express
or implied regarding the service provided
hereunder, including, but not limited to,
warranty of title, warranty that the service is
fit for a particular use, or warranty of
merchantability. We expressly disclaim any and
all implied warranties.
Choice of
Law; Jurisdiction
Any complaint, arbitration or other legal action
concerning the terms and conditions of this
agreement shall be interpreted under the laws of
the State of New Jersey, excluding the Choice of
Law rules. You consent to the jurisdiction of the
courts of the state of New Jersey.
Entire Agreement
This agreement includes any attachments or
exhibits to this agreement, and together they
constitute the entire agreement between you and
Wasabi Wireless with respect to our services and
the terms and conditions under which they are
offered and provided to you. Except as otherwise
stated in this Agreement, this Agreement
supercedes all oral or written communications and
understandings between you and Wasabi Wireless
with respect to our services to you and the terms
and conditions under which they are offered and
provided to you.
Severability
If any part of this Agreement is legally declared
invalid or unenforceable, all other parts of this
Agreement are still valid and enforceable. Such
invalidity or non-enforceability will not
invalidate or render unenforceable any other
portion of this Agreement.
No Third Party Beneficiaries
No provision of this Agreement provides any
person or entity not a party to this Agreement
with any remedy, claim, liability, reimbursement,
or cause of action or create any other third
party beneficiary rights.
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