Waking Word Terms and Conditions
Please read the following Waking Word Terms and Conditions
Please read the following Waking Word Terms and Conditions
(these "Terms and Conditions") carefully before
participating in the Waking Word (the "Service")
so that you are aware of your legal rights and obligations
with respect to Tahoe PC Guy and its affiliates and subsidiaries
(individually and collectively, "we," "us," “Waking
Word”, or "Tahoe PC guy"). BY PARTICIPATING
IN THE SERVICE, YOU (I) SIGNIFY YOUR IRREVOCABLE ACCEPTANCE
OF THIS TERMS AND CONDITIONS; (II) REPRESENT THAT YOU ARE
A UNITED STATES CITIZEN; AND (III) REPRESENT THAT YOU ARE
OF LEGAL AGE TO AGREE TO THESE TERMS AND CONDITIONS. IF
YOU ARE AT LEAST 13 YEARS OLD BUT YOUNGER THAN 18 YEARS
OLD, YOU MUST GET PERMISSION FROM A PARENT OR LEGAL GUARDIAN
TO PARTICIPATE IN THE SERVICE. IF YOU ARE YOUNGER THAN
13 YEARS OLD, YOU ARE NOT ALLOWED TO PARTICIPATE IN THE
SERVICE. BY AGREEING TO PARTICIPATE IN THE SERVICE, YOU
WILL INCUR CHARGES TO YOUR CREDIT CARD AND MAY INCUR CHARGES
TO YOUR MOBILE PHONE ACCOUNT. PLEASE CAREFULLY READ THE "FEES
AND OPTING OUT" SECTION FOR DETAILS. By participating
in the Service, you also agree to Waking Word’s General
Web site Terms of Service http://www.wakingword.com/terms.asp
and Waking Word's Privacy Policy: http://www.wakingword.com/privacy.asp
Please read each of the General Web site Terms of Service
and Privacy Policy carefully before participating. – Waking
Word has the right to revise this Terms and Conditions
at any time without providing notice to its users. Your
participation in the Service shall be deemed irrevocable
acceptance of those revisions. Waking Word reserves the
right to change, modify, suspend or discontinue any portion
of the Service at any time.
1. Description of Services and Pricing
THE RECIPIENT MUST HAVE A TEXT MESSAGING-CAPABLE PHONE
WITH AT&T, CINGULAR, VERIZON, SPRINT, NEXTEL, OR T-MOBILE
SERVICE TO PARTICIPATE.
BY PURCHASING THIS SERVICE AS A GIFT FOR A RECIPIENT OTHER
THAN THE PURCHASER; THE PURCHASER WARRANTS THAT THEY HAVE
THE PERMISSION OF THE RECIPIENT TO SEND TEXT MESSAGES TO
THE RECIPIENT’S CELLULAR PHONE.
THE RECIPIENT MAY INCUR CHARGES FROM THEIR MOBILE CARRIER
FOR EACH SERVICE MESSAGE RECEIVED.
THE PURCHASER WILL BE CHARGED $2.99 PER 30 DAYS OF SERVICE. THE
RECIPIENT MAY BE CHARGED ANY STANDARD TEXT MESSAGE RATES
CHARGED BY THE MOBILE CARRIER OF THE RECIPIENT FOR EACH
SERVICE MESSAGE RECEIVED AFTER ENROLLMENT.
THE RECIPIENT WILL RECEIVE A NEW SERVICE MESSAGE EVERY
MORNING. THE PURCHASER OR RECIPIENT MAY OPT OUT OF THE
SERVICE AT ANY TIME BY EMAILING subscriptions@wakingword.com AND
WRITING “UNSUBSCRIBE” IN THE SUBJECT LINE.
30 DAY SUBSCRIPTIONS WILL RENEW
AUTOMATICALLY UNTIL CANCELLED. MONTHLY
SUBSCRIBERS WILL BE CHARGED FOR EACH 30 DAY PERIOD IN WHICH
THEY RECEIVED SERVICE, UNLESS CANCELATION IS REQUESTED
WITHIN THE FIRST FIVE DAYS OF A 30 DAY CYCLE. THE
FIRST 30 DAY CYCLE WILL BEGIN ON THE DAY THAT THE FIRST
MESSAGE IS RECEIVED. SUBSEQUENT CYCLES BEGIN ON THE
FIRST DAY AFTER THE 30TH MESSAGE IN THE PRECEEDING CYCLE
HAS BEEN RECEIVED.
AT THE TIME OF REGISTRATION, YOU MAY ELECT TO RECEIVE DISCOUNTED
SERVICE IN EXCHANGE FOR A 90 DAY, 180 DAY OR 1 YEAR (365
DAY) COMMITMENT. 30
DAY, 90 DAY, 180 DAY OR 1 YEAR (365 DAY) COMMITMENTS ARE
OFFERED ON A NON-REFUNDABLE BASIS. SERVICE DELIVERY
MAY BE CANCELED AT ANY TIME – NO
REFUNDS WILL BE PROVIDED FOR EARLY CANCELATION OF 30 DAY,
90 DAY, 180 DAY OR 365 DAY COMMITMENTS.
The Service consists of a series of text messages that
are sent to your mobile device number.
2. Your Promises
You promise that you will not:
- Violate any terms of this Terms and
Conditions, the Waking Word General Web site Terms of
Service and/or the Waking Word Privacy Policy; or
- Attempt to undermine the human skill component of the
Service through any automated or manual process, including,
but not limited to by means of bots, automated programs,
macros, screen analysis utilities, memory readers, assistive
programs, search engine, remote virtual computer analysis
or any similar methods, or to otherwise commit fraud
or undermine the human skill component of the Service,
including, without limitation, publishing, transmitting,
duplicating, displaying or otherwise giving away Service
questions or answers to any third parties.
Should you breach any of the foregoing promises, (i) in
addition to any other rights it may have at law or in equity,
Waking Word may immediately terminate your Service account,
and (ii) you may be subject to civil and/or criminal prosecution.
3. Disclaimer
THE SERVICE IS PROVIDED "AS IS" AND WITHOUT
ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY WAKING
WORD OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY
WITH RESPECT TO THE SERVICE, INCLUDING WARRANTIES OF
QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY,
OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY
WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE
OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING, WAKING
WORD DOES NOT
WARRANT THAT THE SERVICE WILL BE AVAILABLE, ACCESSIBLE,
UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE,
THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THE SERVICE
AND/OR THE SERVER THAT MAKES SAME AVAILABLE ARE FREE OF
VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS,
DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS,
TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS
OR COMPONENTS.
YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE
USE OR PERFORMANCE OF THIS SITE, SERVICE AND/OR THE DOWNLOADS
REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Some jurisdictions do not allow the disclaimer of implied
warranties, so the foregoing disclaimer may not apply to
you.
4. Limitation of Liability
IN NO EVENT SHALL WAKING WORD BE LIABLE WHETHER IN CONTRACT,
WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE
OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER
THEORY), FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA,
SERVICE INTERRUPTION, COMPUTER, MOBILE PHONE OR MOBILE
DEVICE FAILURE OR PECUNIARY LOSS) ARISING OUT OF PARTICIPATION
IN THE SERVICE INCLUDING ANY DAMAGES RESULTING THEREFROM,
EVEN IF WAKING WORD HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
IN ADDITION TO THE FOREGOING, WAKING WORD ASSUMES NO RESPONSIBILITY
OR LIABILITY FOR (A) ANY INCORRECT OR INACCURATE INFORMATION
PROVIDED BY YOU, OR FOR ANY FAULTY OR FAILED ELECTRONIC
DATA TRANSMISSIONS; (B) ANY TECHNICAL MALFUNCTION, FAILURE,
ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY
IN OPERATION OR COMMUNICATIONS LINE FAILURE, REGARDLESS
OF CAUSE, WITH REGARD TO ANY EQUIPMENT, SYSTEMS, NETWORKS,
LINES, SATELLITES, SERVERS, COMPUTERS OR PROVIDERS UTILIZED
IN ANY ASPECT OF THE OPERATION OF THE SERVICE; (C) INACCESSIBILITY
OR UNAVAILABILITY OF THE INTERNET; OR (D) ANY INJURY TO
OR DEATH OF PARTICIPANTS WHICH MAY BE RELATED TO OR RESULTING
FROM ANY ATTEMPT TO PARTICIPATE IN THE SERVICE OR DOWNLOAD
OF ANY MATERIALS IN THE SERVICE. YOUR ONLY RIGHT WITH RESPECT
TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICE IS
TO CEASE PARTICIPATION.
As some jurisdictions do not allow some of the exclusions
set forth in this Section 4, some of these exclusions may
not apply to you.
5. Releases
All participants, as a condition of entry into the Service,
agree to release Waking Word, its parents, subsidiaries,
divisions, affiliates, subcontractors, attorneys, agents
and advertising, promotional or other agencies, from and
against any and all liability, claims or actions of any
kind whatsoever for injuries, damages, or losses to persons
or property which may be sustained in connection with accessing
the Service or otherwise participating in any aspect of
the Service, the receipt, ownership or use of any prize
awarded, or any typographical or other error in these Terms
and Conditions or the offering of any prize. Waking Word
makes no representations or warranties of any kind concerning
the appearance, safety or performance of any prize. Except
where prohibited by law, by participating in the Service,
you hereby grant to Waking Word the right to print, publish,
broadcast, display, transmit, copy, edit and otherwise
use and utilize worldwide in any media now known or hereinafter
known, including, but not limited to, on each of Waking
Word's web sites, your name, address, voice, statement,
picture or other likeness, without additional compensation,
for public relations, advertising, or promotional purposes
as may be determined by Waking Word in its sole discretion.
6. Indemnity
You agree to indemnify, defend and hold harmless Waking
Word, and its subsidiaries, affiliates, officers, parent
companies agents, co-branders or other partners, and employees
(collectively, the "Indemnified Parties"), at
your expense, against any and all claims, actions, proceedings,
and suits and all related liabilities, damages, settlements,
penalties, fines, costs and expenses (including, without
limitation, reasonable attorneys' fees and other dispute
resolution expenses) incurred by any Indemnified Party
arising out of or relating to your (i) violation or breach
of any term of this Terms and Conditions or any policy
or guidelines referenced herein, or (ii) participation
in the Service.
7. Severability
If any provision of this Terms and Conditions shall be
deemed unlawful, void, or for any reason unenforceable,
then that provision shall be deemed severable from these
Terms and Conditions and shall not affect the validity
and enforceability of any remaining provisions.
8. Miscellaneous
The Service and these Terms and Conditions shall be governed
by and construed in accordance with the laws of the State
of California, exclusive of its provisions on conflicts
of laws. In respect of any dispute relating to the Service
and/or the Terms and Conditions, such dispute shall be
brought exclusively in a court of competent jurisdiction
sitting in the County of El Dorado, California. The Service
and participation therein is void where prohibited.
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