CURRENT MEMBERS CLICK HERE   CURRENT MERCHANTS CLICK HERE
Special Promotion			Terms and Conditions By clicking on the AGREE TO TERMS & CONDITIONS box or accessing and using the SelectWave web site (“The Site”), owned and operated by SelectWave, Inc. ("SelectWave"), you agree that you have read, understand and accept the terms and conditions described below. If you do not agree to these Terms and Conditions, do not use The Site. SelectWave May Change or Suspend The Site SelectWave may, at its sole discretion, terminate or suspend the access to The Site or any portion thereof to any persons or group of persons for any reason. If The Site is terminated all prepaid payments, if any, for services that have not been rendered will be refunded on a pro-rata basis. Logins/Passwords Upon joining The Site, you will have a login and a password. You understand that you are solely responsible for maintaining the confidentiality of your password, and that you shall be solely and fully responsible for all activities that occur under your login and password. SelectWave shall not be responsible for any loss, claim or other liability that may arise from the unauthorized use of any password. If a password is lost or stolen it is your responsibility to notify SelectWave, so that the password can be deactivated and a new one assigned. Use Restrictions As the user, you are required to accept total responsibility for your behavior and conduct while using The Site. Because SelectWave hopes to promote a productive environment for our users, please read the following list of what actions you agree to refrain from while using The Site: a. Using The Site to transmit, route, provide connections to, or store any material that infringes copyrights or violates or promotes the violation of the intellectual property rights of any user or other entity. b. Copying, creating a derivative work of, reverse engineering, reverse assembling or otherwise attempting to discover any source code of, or modifying The Site in any manner without expressed written consent from SelectWave. c. Sending, posting, exchanging, sharing, promoting, or advertising harmful, obscene, defamatory, misleading, slanderous, harassing, abusive, threatening, offensive or unlawful material or material that violates anyone else's rights, including their right to privacy. d. Assuming the identity of any individual other than yourself. You may not impersonate another user, or a SelectWave staff member. e. Distributing, transmitting or sending unsolicited messages, or "spam," "chain letters" or "pyramid schemes" or any other form of unauthorized solicitation. f. Uploading or transmitting materials into or through The Site which: (i) contain a virus or other harmful components, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, telecommunications equipment or system; (ii) are intended to violate system integrity, including the use of any device, software or routine to interfere with the proper working of The Site; (iii) monitor or copy content on The Site by using any automatic device or manual process; or (iv) impose an unreasonable or disproportionately large load on SelectWave’s infrastructure. Commission of these or other illegal, fraudulent or deceptive acts may subject you to sanctions, including termination of your access to The Site, and possible civil or criminal liability. SelectWave has the right, but not the responsibility to eliminate or remove any content or terminate any user that may violate these restrictions. We reserve the right to edit, move, or delete any of your content, messages or subscriptions for any reason. We may preserve and disclose content or user information if required to do so by law or in the good faith belief that doing so is necessary to: (i) comply with legal process; (ii) enforce these Terms and Conditions; (iii) respond to claims that any content violates the rights of third parties; (iv) protect the rights, property, or personal safety of SelectWave, any users of The Site or the public; or (v) administer The Site. Submissions We welcome your comments and suggestions regarding The Site and its usefulness to you. However, any comments, feedback, notes, messages, e-mail addresses, phone numbers, customer lists, subscriptions, ideas, suggestions or other communications (collectively, "Comments") sent by you to SelectWave, its owners, its employees or its agents shall be and remain the exclusive property of SelectWave. Your submission of any such Comments shall constitute an assignment to SelectWave of all rights, title and interest in all copyrights and other intellectual property rights related to the Comments. SelectWave will be entitled to use, reproduce, disclose, publish and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Comments that you do not wish to assign to us, including any confidential or customer information or any original creative materials such as stories, product ideas, computer code or original artwork. You agree not to submit any Comments that may be submitted in violation of law or any agreement or obligation to keep the content of such Comments confidential. SelectWave expressly disclaims any interest in any Comments that you are not authorized to submit. Of course, any information you submit which personally identifies you, your customers or others will be subject to our Privacy Policy. No Endorsements of Third Parties References on The Site to any names, marks, products or services of third parties, or hypertext links to third party sites or information, do not necessarily constitute or imply an endorsement, sponsorship, or recommendation of the third party, information, product or service by SelectWave. SelectWave does not endorse nor make any warranties or representations about any web site you may access through The Site, including the privacy policy of any such web site. Any links to other sites are provided for convenience only. You need to make your own decisions regarding your interactions or communications with any other web site. Disclaimers The Site allows certain merchants to communicate with certain members. SelectWave does not control, does not monitor and makes no representation regarding the truth, accuracy, quality, completeness, timeliness, safety or legality of the information provided by merchants or members or other users. SELECTWAVE PROVIDES THE SITE "AS IS" WITH NO WARRANTIES OF ANY KIND. THIS INCLUDES, BUT IS NOT LIMITED TO NO WARRANTIES RELATED TO THE DELIVERY OF MESSAGE ALERTS, SUBSCRIPTIONS OR OTHER COMMUNICATIONS BETWEEN AND AMONG MERCHANTS, MEMBERS AND OTHER USERS OF THE SITE. SELECTWAVE EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SITE WILL BE SECURE, UNINTERRUPTED OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS. WE DISCLAIM ALL RESPONSIBILITY FOR OUR MERCHANTS, MEMBERS, USERS AND OTHER THIRD PARTIES, AND THEIR POSTINGS, THEIR MESSAGES, THEIR SUBSCRIPTIONS, THEIR CONTACT INFORMATION, THEIR ACTS AND THEIR OMISSIONS. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. Limitation of Liability UNDER NO CIRCUMSTANCES WILL SELECTWAVE OR ITS EMPLOYEES, OFFICERS OR DIRECTORS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SITE WHETHER OR NOT SELECTWAVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES BUT IS NOT LIMITED ANY DAMAGES THAT MAY RESULT FROM THE DOWNLOADING, UPLOADING OR TRANSMISSION OF MESSAGES OR OTHER CONTENT OF ANY KIND TO OR THROUGH THE SITE. If you are dissatisfied with The SITE, or with these Terms and Conditions, your sole and exclusive remedy is to discontinue using The Site. You acknowledge, by your use of The Site, that your use of The Site is at your sole risk. Applicable law may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF SELECTWAVE AND ITS AFFILIATES IN SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS (US $100.00). Indemnity You agree to indemnify, defend and hold harmless SelectWave, its employees, officers and directors from and against any and all claims, liabilities, penalties, settlements, judgments, fees (including reasonable attorneys' fees) arising from (i) any content that you or anyone using your account may submit, post or transmit to or through The Site; (ii) any content that you or anyone using your account may transmit from The Site; (iii) your use of The Site; (iv) your violation of the terms of these Terms and Conditions; and (v) any violation or failure by you to comply with all laws and regulations in connection with The Site. Assignment You may not assign any of your rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of SelectWave. Any such purported assignment or delegation by you without the appropriate prior written consent of SelectWave will be null and void and of no force or effect. User Costs and Fees Any costs incurred by you to access the Site or any content, messages or other data or information uploaded, downloaded, transmitted by or through the site is your sole responsibility. There are no fees payable to SelectWave for users that join The Site by completing a valid profile for the intent of receiving messages and other content for the basic service (these users are referred to as “Members”). Note that if you elect to receive messages or other content on a cell phone or other wireless devices you may incur addition fees from your service provider. In the event that premium service is available, Members are under no obligation to join said premium service and may maintain their membership to the basic service. Users that join The Site by completing a valid profile for the intent of sending messages and other content to Members are referred to as Merchants. Merchants are responsible for one time installation and monthly fees (unless one or both are waived, at the sole discretion of SelectWave) payable to SelectWave. These Terms & Conditions May Change SelectWave reserves the right to update or amend these Terms and Conditions at any time. The amended Terms and Conditions shall automatically be effective when posted to the Site. Your continued use of The Site constitutes your acceptance of the amended Terms and Conditions as modified by the posted changes. For this reason, we encourage you to review these Terms and Conditions whenever you use The Site. The last date these Terms and Conditions were revised is set forth below. Miscellaneous If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. SelectWave's failure to act with respect to a breach by any user or others does not waive SelectWave's right to act with respect to subsequent or similar breaches. The failure of SelectWave to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. The section headings contained herein are included for convenience only, and shall not limit or otherwise affect these Terms and Conditions. This agreement shall be interpreted in accordance with the laws of the State of Illinois without regard to conflict of laws principles. All claims arising from this agreement must be filed in the state or Federal courts located in Chicago, Illinois. This agreement constitutes the entire terms and conditions with respect to the subject matter hereof. LAST UPDATED: 2/25/2002 Click here to read our Privacy Policy.