Skweezer, Inc. : Terms and Conditions of Use

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Updated January 24, 2008

Thank you for your interest in Greenlight Wireless Corporation ("GWC") d.b.a. Skweezer, Inc. and its services. GWC provides its services to you subject to the following Terms and Conditions, which may be modified from time to time without notice to you. By continuing to access or use the Web sites www.greenlightwireless.net or www.skweezer.net, to use any service provided by GWC including the integrated wireless browser found on www.skweezer.net, you agree to be bound by the following Terms and Conditions ("the Terms and Conditions"), as modified. You also acknowledge and agree to GWC's Privacy Policy, which is incorporated by reference into the Terms and Conditions.

YOUR USE OF THIS SITE OR ANY SERVICE PROVIDED ON OR THROUGH THIS SITE AFTER POSTING ANY MODIFICATION TO THIS AGREEMENT CONSTITUTES YOUR ACCEPTANCE OF THE MODIFIED AGREEMENT. ANY TERMS OR CONDITIONS PROPOSED, WHETHER ORALLY, IN WRITING, OR OTHERWISE, ARE EXPRESSLY REJECTED, AND SHALL BE OF NO FORCE OR EFFECT UNLESS SPECIFICALLY APPROVED IN WRITING BY GWC.

Description of Service. GWC provides users with various information, tools and services to facilitate wireless internet use, including Skweezer® and the information and services provided through GWC's Web sites, www.greenlightwireless.net and www.skweezer.net (the "Service"). The sites displayed through use of Skweezer® are developed by persons over whom GWC exercises no control, as is the content of postings to the GWC Skweezer Forum. GWC does not screen sites or forum postings before allowing Service users access to the sites or postings. Use of the Service may expose you to information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content") that some people may find objectionable, inappropriate or offensive. GWC assumes no responsibility and cannot be held liable for any Content, including errors or omissions in any Content, to which you are exposed in using the Service. In addition, the Service may include advertisements, which are necessary for GWC to provide the Service. These advertisements are developed by persons over whom GWC exercises no control, and GWC does not screen advertisements that appear on the Skweezer® user interface. GWC may partner with third-party vendors to augment or enhance the Service. The features that are provided by third parties may, in addition to being subject to the Terms and Conditions, be additionally subject to terms and conditions, user guidelines, or other agreements provided by those third parties. The Service is provided "AS-IS" and GWC assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third-party fees (such as airtime charges and wireless service provider fees). In addition, you must provide and are responsible for all equipment necessary to access the Service.

The wireless browser found on www.skweezer.net is a Web-based application available to users via the Internet. Web content that is viewed on the Skweezer® browser is dynamically reformatted for wireless use at the time the end-user accesses the content. Skweezer® does not cache or store Web content on its servers, nor is there any way for GWC to anticipate which Web sites users will want to access on their mobile device.
Your Consent. You represent that you have read and agree to be bound by this Agreement. You further agree: (i) to comply with U.S. laws regarding the transmission of data obtained from this site; (ii) not to use the Web sites www.greenlightwireless.net and www.skweezer.net (the "GWC Sites"), or the Service for illegal purposes; and (iii) not to interfere or disrupt the functioning of the GWC Sites.
Reverse Engineering and Prohibition on Resale. You agree that you will not attempt, and if you are a business entity, you will use your best efforts to prevent your employees and contractors from attempting, to alter, create derivative work based upon, decompile, disassemble, modify, reverse engineer or translate in any way Skweezer®, in whole or in part. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service or access to the Service.
Restrictions on Use. You may not use the Service or the GWC Sites for any illegal purpose or in any manner inconsistent with the Terms and Conditions. You agree to use the Service and the GWC Sites solely for your personal use and benefit and not for the benefit of any other person or entity. You agree not to use, transfer, distribute or dispose of any information contained on the GWC Sites in any manner that would harm the business of GWC.

upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
harm minors in any way;
impersonate any person or entity, including, but not limited to, a GWC official or forum leader, or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law;
"stalk" or otherwise harass another; or
collect or store personal data about other users.

Changes in Service. GWC may modify or discontinue, temporarily or permanently, the Service or any part thereof, with or without notice. You agree that GWC shall not be liable to you or any third part for any modification, suspension or discontinuance of the Service.
Warranties and Disclaimers. ALL GWC SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

GWC MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GWC OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS.

YOU ACKNOWLEDGE AND AGREE TO HAVE GWC ACCESS WORLD WIDE WEB CONTENT (WEB PAGES, EMAIL, CHATTING, SMS MESSAGES AND 3RD-PARTY SERVICES) ON YOUR BEHALF FOR OPTIMIZATION PURPOSES, AND YOU ACKNOWLEDGE THE COPYRIGHT OF THE GIVEN PUBLISHER.

THE GWC SITES PROVIDE LINKS TO OTHER WEB SITES, SERVICES, GOODS OR ADVERTISEMENTS THAT ARE NOT MAINTAINED BY GWC. GWC DOES NOT (I) MAKE ANY WARRANTY, EXPRESS OR IMPLIED WITH RESPECT TO THE USE OF THE LINKS PROVIDED ON, OR TO THE GWC SITES OR (II) GUARANTEE THE ACCURACY, COMPLETENESS, USEFULNESS OR ADEQUACY OF ANY OTHER WEB SITES, SERVICES, GOODS OR ADVERTISEMENTS TO WHICH LINKS MAY BE INCLUDED IN SUCH OTHER WEB SITE OR (III) MAKE ANY ENDORSEMENT, EXPRESS OR IMPLIED, OF ANY OTHER WEB SITE, SERVICES, GOODS OR ADVERTISEMENTS TO WHICH THE WEB SITE MAY INCLUDE LINKS. GWC IS NOT RESPONSIBLE FOR THE RELIABILITY OR CONTINUED AVAILABILITY OF THE TELECOMMUNICATION LINES AND EQUIPMENT USED TO ACCESS OR USE THE SERVICE OR THE GWC SITES. YOU UNDERSTAND THAT GWC AND/OR THIRD-PARTY CONTRIBUTORS TO THE GWC SITES OR SERVICE MAY CHOOSE AT ANY TIME TO INHIBIT OR PROHIBIT THEIR CONTENT, PRODUCTS OR SERVICES FROM BEING ACCESSED.

The provisions of this section 6 shall survive termination of this Agreement.
Limitation of Liability. EXCEPT AS OTHERWISE PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL GWC, ITS AGENTS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS SITE OR GWC SERVICES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, AND/OR ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED, EVEN IF AN AUTHORIZED REPRESENTATIVE OF GWC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GWC SHALL NOT HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE FOR THE ACCURACY AND COMPLETENESS OF THE INFORMATION CONTAINED IN THE GWC SITES, OR FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON THE INFORMATION IN THE GWC SITES.
Representations and Warranties. You represent, warrant and covenant that you: (i) are authorized to enter into this Agreement; (ii) shall use the Service and the GWC Sites only as set forth herein; (iii) shall maintain the security of your password and login used to access this site; and (iv) shall advise GWC immediately in the event you become aware that your password has become compromised or misused. GWC cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
Indemnification. You agree, at your own expense, to indemnify, defend and hold harmless GWC and its officers, co-branders and other partners, employees, representatives and agents, against any claim or demand, including reasonable attorneys' fees, or any suit, action or other proceeding, to the extent it is based on or arising in connection with your use of the Service or the GWC Sites, your violation of the Terms and Conditions, or your violation of any rights of another.
Intellectual Property. The GWC Sites, including the content, graphics, images, audio and layout of the GWC Sites, SKWEEZER, GREENLIGHT WIRELESS, the GWC logo, and the Skweezer® application are the property of GWC and are protected by copyright, trademark, patent and other intellectual property laws of the U.S. and other countries. Content contained in advertisements or Web sites accessed by you through use of the Service are also protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not copy, reproduce, circulate, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit or in any other way exploit any part of the GWC Sites, the Skweezer® application, or the GWC marks without GWC's prior permission. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the GWC Sites.

It is GWC's policy to abide by the Digital Millennium Copyright Act ("DMCA") and to respond to notices of alleged infringement that comply with the DMCA. For more information, please click here.
Termination. Either you or GWC may terminate this agreement with or without cause at any time and effective immediately. You may terminate by discontinuing your use of the GWC Sites and Service and by destroying all materials obtained from the GWC Sites. This Agreement shall terminate immediately without notice from GWC if GWC determines, in its sole opinion, that you have failed to comply with any provision of the Terms and Conditions. Upon termination by you or upon notice of termination by GWC, you must promptly destroy all materials obtained from the GWC Sites and any copies thereof.
Governing Law. This Agreement shall be governed and construed in accordance with the laws of the state of California, United States of America, without giving effect to conflicts of law principles thereof. The state and federal courts located in Los Angeles County or Orange County, California shall have exclusive jurisdiction of any dispute that arises under or in connection with this Agreement.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Privacy. GWC considers individuals' privacy to be of utmost importance. Please read our Privacy Policy for a detailed description of our information gathering and dissemination practices.
Anti-Waiver Provision. The failure of GWC to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. Any waiver of any provision of the Terms and Conditions will be effective only if in writing and signed by GWC.

This is the entire agreement between you and GWC which supersedes any prior agreement, whether written or oral, relating to the subject matter of the Terms and Conditions. In the event of invalidity of any provision of the Terms and Conditions, you and GWC agree that such invalidity shall not affect the validity of the remaining portions of the Terms and Conditions.