Terms

UPDATED: SEP 7, 2016

TERMS

Infoempire Inc. ("Infoempire", "Wavetoget", "We", "Us", and/or "Our") provides its website located at www.wavetoget.com (the "Site") and its related service that provides users with a single card and/or software application for use on mobile devices on which you can earn rewards, points and awards (collectively, "Rewards") from various participating merchants (such services and the Site, collectively, the "Service(s)"), subject to the following Terms (as amended from time to time, these "Terms"). If you do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) the Services.

In addition, when using certain services, you shall be subject to any additional terms applicable to such services that may be posted on the Site or on the Service from time to time, including, without limitation, the Privacy Policy located below. All such terms are hereby incorporated by reference into these Terms.

SERVICES

Obligations: You are required to register with us, in order to access and use certain features of the Services. If you choose to register for the Services, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service's registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 18 years of age, you are not authorized to use the Service, with or without registering. In addition, if you are under the age of majority in your province or territory of residence you may use the Services, with or without registering, only with the approval of your parent or guardian.

Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Infoempire of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Services. Infoempire will not be liable for any loss or damage arising from your failure to comply with this Section.

Modifications to Terms: Infoempire does not guarantee in any way the continued availability of any purchases, services, Rewards, or any other aspect of the Services. Except as otherwise specified in the Terms, Infoempire may amend or otherwise change any of these Terms, at any time, but upon no less than (i) sixty (60) days' prior written notice to you where you reside in the Provinces of Quebec or Newfoundland & Labrador or (ii) thirty (30) days' prior written notice to you where you reside in the rest of Canada outside of the Provinces of Quebec or Newfoundland & Labrador. The written notice will contain the new or amended term or provision, the former term or provision (if applicable), the date that the change will come into force and your rights, which are described as follows. If you do not accept such change, your remedy is to terminate your participation in the Service in accordance with the Suspension and Termination section below. Your continued use of the Service after any changes to the Terms of Use constitutes your acceptance of the new Terms of Use. You agree that Infoempire shall not be liable to you or to any third party for any modification to the Terms.

Rewards: All Rewards made available in connection with the Service are promotional only. Such Rewards are made available directly by the relevant merchant providing such Reward ("Rewards Provider") (not Infoempire itself) and are redeemable solely for the applicable goods or services of the relevant Rewards Provider. The Rewards Provider, not Infoempire, is the provider of the Rewards and such goods and services and is solely responsible for redeeming any Rewards you obtain. Infoempire will have no liability if a Rewards Provider refuses or fails to honor any Reward. In addition, the following terms and conditions also apply to all Rewards:

  • Redemption and Reward rules are set by Reward Providers.
  • Redemption frequency is determined by the Rewards Providers.
  • Use of Rewards relating to alcoholic beverages is at the sole discretion of the Rewards Provider and is subject to compliance with applicable law.
  • Rewards cannot be combined with any other rewards, offers, vouchers, third party certificates, coupons, or promotions, unless otherwise specified by the Rewards Provider.
  • Rewards cannot be used for taxes, tips or prior balances, unless permitted by the Rewards Provider.
  • Neither Infoempire nor the Rewards Provider is responsible for malfunctioning, lost, or stolen cards.
  • Reproduction, sale or trade of any Reward is prohibited.
  • Any attempted redemption not consistent with these Terms or any other restrictions imposed by the Rewards Provider or Infoempire (including any Reward-specific terms associated with a Reward) will render the Reward void.
  • Rewards are void to the extent prohibited by law.
  • Rewards may be applied only to the applicable products or services sold by the Rewards Provider that are the subject of such Rewards.
  • Limit one (1) Reward per redemption. Only one Reward can be used per redemption unless otherwise specified by the Rewards Provider.

Third Party Services: You may register for the Service using third party services and otherwise enable various third party services to be directly integrated into your Infoempire experience. By enabling third party services within the Service, you are allowing us to pass your log-in information to these service providers for this purpose. Please remember that the manner in which third party services use, store and disclose your information is governed solely by the policies of such third parties, and Infoempire shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service. In addition, Infoempire is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with third party services. As such, Infoempire is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party service. Infoempire enables these features merely as a convenience and the inclusion of such features does not imply an endorsement or recommendation of any third party service.

Conditions of Use

User Conduct: You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such content originated. This means that you, and not Infoempire, are entirely responsible for all content that you upload, post, e-mail or otherwise transmit via the Service, and for all activities and events that you facilitate via the Service.

Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or transmit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use and may not be used for direct commercial endeavors.

Intellectual Property Rights

Service Content and Software: You acknowledge and agree that the Service may contain content ("Service Content") that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Infoempire, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service, if any. In connection with your use of the Service you shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Service Content other than as specifically authorized herein is strictly prohibited.

The technology and software underlying or related to the Service is the property of Infoempire, our affiliates, our licensors and our partners (the "Software"). If you choose to use the Software, you agree to comply with these Terms as well as any other terms and conditions that may be provided by the owner of the Software and any breach of such terms and conditions will be deemed to be a breach of these Terms. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Infoempire or the owner of the Software.

Infoempire owns all right and title to the Wavetoget program and service marks used with the Service (collectively the "Infoempire"). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Infoempire. Nothing in this Terms of Use or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Infoempire displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Infoempire will inure to our exclusive benefit.

Third Party Material: Under no circumstances will Infoempire be liable in any way for any content posted by third parties (including Rewards Providers) or at the direction of users, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted via the Service. You acknowledge that Infoempire does not pre-screen content, but that Infoempire and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service.

User Content Posted on the Site or the Service: You are solely responsible for the content and other materials you post on or through the Service or the Site or transmit to or share with other users or recipients, whether as an end user or otherwise (collectively, "User Content"), if any. You will not post any content that you did not create or that you do not own all right, title and interest in and to, including, without limitation, all copyright and rights of publicity contained therein. By posting any User Content you hereby grant and will grant Infoempire, its service providers and their affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicense able, perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to Infoempire are non-confidential and Infoempire shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Third Party Websites

The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet (including Rewards Provider websites). Infoempire has no control over such sites and resources and Infoempire is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Infoempire shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties (including Rewards Providers) while using the Service are between you and the third party, and you agree that Infoempire is not liable for any loss or claim that you may have against any such third party.

Indemnity and Release

You agree to release, indemnify and hold Infoempire and its affiliates and their officers, employees, directors and agents harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Use or your violation of any rights of any third party.

Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. INFOEMPIRE EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS AND WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

INFOEMPIRE MAKES NO REPRESENTATIONS AND WARRANTIES 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, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT INFOEMPIRE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF INFOEMPIRE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE OR ANY REWARDS PROVIDER; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

Arbitration

The following provision does not apply in the Province of Québec: To the extent permitted by applicable law, unless we agree otherwise, any claim, dispute or controversy, whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future, arising out of or relating to any aspect of the Service or these Terms will be determined by final and binding arbitration to the exclusion of the courts. Where applicable, arbitration will be conducted in the province in which you reside, on a simplified and expedited basis by one (1) arbitrator pursuant to current laws and rules relating to commercial arbitration in the province or jurisdiction in which you reside on the date of the notice. Any such arbitration will be conducted in accordance with our Arbitration Protocol.

Suspension and Termination

Termination by Us: The Services will continue until suspended or terminated by Infoempire as described in this section, in its sole discretion. Infoempire may suspend or terminate the Services or your participation in the Services, at any time upon giving you (i) sixty (60) days' prior written notice, where you reside in the Provinces of Quebec and Newfoundland & Labrador, or (ii) thirty (30) days' prior written notice, where you reside in the rest of Canada outside of the Provinces of Quebec and Newfoundland & Labrador. Infoempire reserves the right to suspend or terminate the Services without notice if events beyond Infoempire' control affect its ability to operate the Services. Infoempire further reserves the right to suspend or terminate your participation in the Services without notice if we reasonably suspect that you are using any aspect of the Services in a fraudulent, abusive, illegal or inappropriate way, or are not complying with the Terms of Use. For greater certainty, if Infoempire suspends or terminates your participation in the Services because of your fraudulent, abusive, illegal or inappropriate use of the Services, or because of your failure to comply with these Terms of Use, any and all Rewards accumulated by You may be deemed null and void and no longer redeemable. You agree that Infoempire shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service or your access to the Service.

Termination by You: You may, at any time, withdraw from the Service by notifying Infoempire. Please note that your Rewards will become null and void and will no longer be redeemable as of the date you make that request.

Redemption of Rewards upon Termination: You will have until the date of termination of the Service or termination of your participation in the Service (as applicable) to redeem any accumulated Rewards, after which date such Rewards will become null and void and will no longer be redeemable.

User Disputes

You agree that you are solely responsible for your interactions with any other user, Rewards Provider or third party in connection with the Service, and Infoempire will have no liability or responsibility with respect thereto. Infoempire reserves the right, but has no obligation, to become involved in any way with disputes between you and any Rewards Provider or other third party in connection with the Service.

General

These Terms of Use constitute the entire agreement between you and Infoempire and govern your use of the Service, superseding any prior agreements between you and Infoempire with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The Terms of Use are governed exclusively by the laws of the province in which your home address is located, but if your home address is outside of Canada, the Terms of Use are governed exclusively by the laws of the province of Ontario and you submit to the jurisdiction of the courts of Ontario. Please note that your rights and remedies may vary by province. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Infoempire agree to submit to the personal and exclusive jurisdiction of the Provincial and Federal courts located within Toronto, Ontario. The failure of Infoempire to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. 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 these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. 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. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Use or other matters by displaying notices or links to notices generally on the Service.

Your Privacy

At Infoempire, we respect the privacy of our users. By using the Service, you consent to the collection and use by us and/or any Rewards Provider of the personal information that we and/or any Rewards Provider collect from and/or obtain about you ("Personal Information"). Your Personal Information that Infoempire holds will be held securely and in accordance with applicable law. Infoempire will only use your Personal Information for the purposes of your participation in the Services and will not disclose it to a third party without your consent.

Notwithstanding the foregoing, you acknowledge and agree that Infoempire may share your Personal Information with (i) any of Infoempire' affiliates, (ii) any Rewards Provider who you have signed up with through the Service ("Eligible Rewards Provider"), and (ii) any of its third party licensors, supplies and vendors related to the Services, provided that such licensors, suppliers and vendors shall not be entitled to use your Personal Information except for the limited purposes of providing the Services and for record keeping. You acknowledge and agree that Infoempire, any Infoempire' affiliate and any applicable Eligible Rewards Provider may exchange your Personal Information with each other and may use the Personal Information that they obtain directly from you or from each other for the purpose of marketing to you (including by email or text message) their products and services that you might find attractive, and you consent to such use.

Your Personal Information collected may be stored and processed in or outside Canada and may be subject to the laws of other jurisdictions.

If you have any questions about your privacy, you may email us at the email address provided in the next section.

Questions? Concerns? Suggestions?

Please contact us to report any violations of these Terms of Use or to pose any questions regarding these Terms or the Service.

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