Overview
This Terms of Use Agreement (the "Agreement")
defines the terms and conditions associated with
Tempo Wireless, the Materials, and the membership
requirements for gaining access to both.
1. Definition of Paid Subscription
In order to utilize the Tempo Wireless system, You
must first become a Tempo Wireless member ("Member").
This Agreement is made by and between Tempo Wireless and You ("You" or "Member") as a Member
in Tempo Wireless. You wish to participate in Tempo Wireless
and to use the Materials. Once subscribed You
are granted the rights and privileges described
herein. In order to become and remain a Member
of Tempo Wireless, You must agree to abide by all
of the terms and conditions contained in this
Agreement. You must carefully read this Agreement
and agree to all the terms and conditions herein
before registering for Tempo Wireless.
2.
Tempo Wireless Membership and Materials: Permitted
Uses and Privileges
In consideration of Your compliance with the
terms and conditions of this Agreement, Tempo Wireless
agrees to extend You membership in Tempo Wireless.
Membership in Tempo Wireless and use of the Materials
constitutes Your implicit agreement with the terms
and conditions of this Agreement.
Membership in Tempo Wireless and use of the Materials
provided by Tempo Wireless may be used for lawful
purposes only, and only for those general purposes
for which Tempo Wireless was designed, as described
in the Overview herein. You are granted the right
to download Materials from Tempo Wireless website
for your personal, individual use to promote your
business opportunity as described previously herein.
While Your membership is in full force, you may
visit Tempo Wireless website and use the Materials
as many times as you wish. You may save and continue
to use any such downloaded and non-modified Materials
for your personal, individual use to promote your
business opportunity.
You are NOT granted the right in fact You are
EXPRESSLY PROHIBITED from transferring at no cost
or selling at any price any downloaded and non-modified,
modified or derivative Materials to a third party,
nor may you use any downloaded and non-modified,
modified or derivative Materials for any purpose
other than your own personal, individual use to
promote your business opportunity.
You shall not use Tempo Wireless or the Materials
to distribute, publish or otherwise promote any
opportunity which is libelous, defamatory, obscene,
pornographic, abusive, or which otherwise violates
any law. As Tempo Wireless does not and cannot review
every possible use for which you have downloaded
Tempo Wireless Materials, You shall remain solely
responsible and fully legally liable for the use
of Tempo Wireless Materials and the content of Your
messages.
Transmission or storage of any information, data
or material in violation of any United States
Federal, State or City law is prohibited. This
includes, but is not limited to, illegal use of
copyrighted Material, use of Material to promote
activities legally judged to be threatening or
obscene, or violation of any trade secret statute,
or any other usage that constitutes violation
of any other statute.
You shall not rent, sell, lease or otherwise
transfer your Tempo Wireless membership or any of
the Materials to a third party for Your benefit
or theirs, and You certify that will not utilize
either your Tempo Wireless membership or the Materials
in a manner that violates the applicable laws
of Your jurisdiction.
You understand that participation in Tempo Wireless
may involve establishing contractual arrangements
with third parties. You understand that membership
in Tempo Wireless and use of the Materials is not
appropriate for certain individuals employed or
otherwise retained by governmental agencies to
promote those entities. As such, You certify that
You do not work for, and/or do not constitute,
a governmental agency or body or any other entity
that would cause You to have a conflict of interests
with regards to your membership in Tempo Wireless
or your use of the Materials. If so, You agree
not to seek membership in Tempo Wireless. If You
become a Member and subsequently learn that such
a conflict of interests exists, then You agree
to notify Tempo Wireless and to immediately terminate
Your membership.
Tempo Wireless reserves the right, at its sole discretion,
to change, modify, add or remove portions of Tempo Wireless
rules of membership at any time. Tempo Wireless reserves
the right, at its sole discretion, to change,
modify, add or remove portions of the Materials
at any time. Notification of the changes in Tempo Wireless
or the Materials will be posted on Tempo Wireless
website, or sent via Email, or both.
Tempo Wireless may change, suspend or discontinue
any aspect of Tempo Wireless or the Materials at
any time, including the availability of any Materials,
database or content. Tempo Wireless may also impose
limits on certain features and services or restrict
Your access to parts or all of Tempo Wireless or
the Materials without notice.
Your continued membership in Tempo Wireless usage
and the Materials now, or following the posting
of any notice of changes in these operating rules,
constitutes Your binding acceptance of such rules,
changes or modifications. Your right to continued
membership in Tempo Wireless and to use of the Materials
is subject to any limits Tempo Wireless may in its
sole discretion establish.
3. Registration
for Tempo Wireless Membership, Site Name, Password
and Security
To become a Tempo Wireless member so You can gain
access to the Materials, You must first register.
When prompted by the Signup Form on the Tempo Wireless
website You agree to provide Tempo Wireless with
current, complete, and accurate information about
Yourself. You shall not knowingly provide inaccurate
information with the intent to create a false
identity. You also agree not to provide any false
or misleading information anywhere else during
the registration process or anywhere else on Tempo Wireless
's website or associated websites. This includes,
but is not limited to, providing a false e-mail
address in the FROM: field on outgoing Emails.
You agree that Tempo Wireless may rely on any data,
notice, instruction or request furnished to Tempo Wireless
by You which is reasonably believed by Tempo Wireless
to be genuine and to have been sent or presented
by You or by a person reasonably believed by Tempo Wireless
to be authorized to act on Your behalf.
As part of the membership registration process
You will be directed to choose a Site Name and
Password that is unique to You. You are entirely
responsible for maintaining the confidentiality
of Your Site Name and Password. Furthermore, You
are entirely responsible for usage of and any
and all activities that occur under or in association
with Your Tempo Wireless account, including use of
Your account by a third party authorized by You
to use Your account.
You agree to notify
Tempo Wireless immediately of any unauthorized use
of Your account or any other breach of security
that comes to your attention. You shall immediately
notify Tempo Wireless
by clicking here to email the Corporate Office
of any known or suspected unauthorized uses of
Your Tempo Wireless account, or any known or suspected
breach of security, including loss, theft or unauthorized
disclosure of Your password. Any fraudulent, abusive
or otherwise illegal activity may be grounds for
termination by Tempo Wireless and referral to the
appropriate law enforcement agencies.
You acknowledge and agree that You will promptly
notify Tempo Wireless if You are or become aware
of any other Tempo Wireless Member who, in Your good
faith opinion, has, is or is intending to take
unfair advantage of Tempo Wireless or the Materials
provided by Tempo Wireless .
4. Member Conduct
Tempo Wireless retains the right, in its sole discretion,
to determine whether or not a Member's conduct
is consistent with the letter and spirit of this
Agreement and may terminate Tempo Wireless membership
if a Member's conduct is found to be inconsistent
with the Agreement. Any unauthorized use of Your
Tempo Wireless membership, or the resale of the Materials,
is expressly prohibited. You agree to abide by
all applicable local, state, national and international
laws and regulations and You are solely responsible
for all acts or omissions that occur under Your
account or password, including the content of
Your transmissions through Tempo Wireless.
By way of example, and not as a limitation, You
agree not to use Your membership in Tempo Wireless
or the Materials to:
Tempo Wireless does not advocate and will not abide
any Tempo Wireless Member that uses Materials for
the promotion ANY opportunity which advocates,
encourages, endorses, or makes possible any form
of, pornography, hate crimes, gambling, pyramid
schemes or any type of business opportunity that
is unethical, illegal or outside the realm of
legitimate business opportunity. Members are prohibited
using Tempo Wireless or its Materials to transmit
any material or promote any opportunity that is
in Tempo Wireless's sole discretion, unlawful, obscene,
threatening, abusive, libelous, or hateful, or
that encourages conduct which would constitute
a criminal offense, give rise to civil liability,
or otherwise violate any local, state, national
or international law.
Tempo Wireless reserves the right in its sole judgment
to ban ANY Member that uses Tempo Wireless or its
Materials to promote such a business opportunity.
Should Tempo Wireless discover that You are using
Tempo Wireless or its Materials to promote programs
of this type in any form, this will constitute
grounds for immediate suspension or termination
of Your membership.
6. Email and Other Communication with
Members
By virtue of your membership in Tempo Wireless you
voluntarily, specifically and categorically "opt-in"
to a list of Members maintained by Tempo Wireless
to whom Tempo Wireless may contact via Email, fax,
phone, or conventional mail as described herein.
Tempo Wireless reserves the authority and you grant
Tempo Wireless the expressed right to send You at
reasonably timed intervals and in reasonable quantities
via Email and/or other communications methods
information for the purposes of informing You
of changes or additions to Tempo Wireless, the Materials,
or any other products, services and offers that
are generally related and applicable to Tempo Wireless
concept as defined in the Overview section herein.
You agree to receive all such Email messages
from Tempo Wireless as a condition of Tempo Wireless
membership. These transmissions include, but are
not limited to, Tempo Wireless Newsletter, Tempo Wireless
updates, and new product information.
7. Fee Structure, Payments and Billing
A monthly enrollment fee is assessed for use of the Tempo Wireless internet marketing system. Payment is by credit card and billing occurs automatically each month.
8. Membership Structure
Tempo Wireless reserves the right to change the
membership structure, including but not limited
to the imposition of additional membership fees
in exchange for joining Tempo Wireless and/or access
to the Materials, at any time without advance
notification. In the event that Tempo Wireless so
elects, each Member shall be notified by Email
and a membership structure change notice shall
be posted at an appropriate location on Tempo Wireless
website. Should such notice be given, Members
shall have the opportunity to voluntarily terminate
membership if they are unwilling and/or unable
to comply with the new membership structure.
9. Term of Service
There is no term of service. Membership is continuous
from the time a Member joins until or if the Member
notifies Tempo Wireless in writing of cancellation
of membership (see Cancellation below), or in
the event the Member's Independent Representative
Contract with Tempo Wireless is terminated for any
reason. Tempo Wireless reserves the right to impose
a term of service at any time without advance
notification. In the event that Tempo Wireless so
elects, each Member shall be notified by Email
and a term of service change notice shall be posted
at an appropriate location on Tempo Wireless website.
Should such notice be given, Members shall have
the opportunity to voluntarily terminate membership
if they are unwilling and/or unable to comply
with the new term of service structure.
10. Cancellation
You may cancel Your membership in Tempo Wireless
at any time by sending advance written notification
to Tempo Wireless . Accepted forms of written notification
are: Email: Click Here to Email your member cancellation to Tempo Wireless, b) a fax to (502) 357-2653, or c) a standard letter
via USPS to: Tempo Wireless, 9410 Bunsen Parkway, Suite 250, Louisville, KY 40220.
Your Site Name and Password must be included
in the cancellation request. Cancellation will
take effect only when the receipt of the cancellation
request is confirmed by Tempo Wireless .
Membership cancellation by verbal notification
will not be accepted under any circumstances.
Once written notification in one of the approved
forms is received and accepted by Tempo Wireless
You will receive notification via Email of account
cancellation. Following confirmed cancellation,
Your access to Tempo Wireless Materials will immediately
cease with notification of cancellation. Until
that time You continue to be responsible for all
actions up to the time that Your Tempo Wireless account
is deactivated, and you continue to be fully bound
by the terms and conditions in this Agreement.
Once Member de-activation has occurred You agree
that Tempo Wireless has the right to delete all data,
files or other information that may stored in
Your Member account. You should export any data
files owned by you and stored in Tempo Wireless prior
to requesting termination, and the responsibility
for doing so lies solely with YOU. Tempo Wireless
cannot and will not be responsible for Members
that fail to preserve data, files or other information
that may stored in Your Member account as provided
for herein.
11. Termination
Tempo Wireless may, in its sole discretion, terminate
or suspend Your access to all or part of Tempo Wireless
or to the Materials for any reason, including
without limitation, breach of this Agreement,
breach of your Independent Representative Agreement,
or unauthorized assignment of this Agreement by
You.
Upon termination, You shall no longer be entitled
to use of Tempo Wireless website or the Materials,
and the license granted to You hereunder shall
terminate and You shall immediately return or
destroy all Proprietary Information, if any, but
the terms of this Agreement will otherwise remain
in effect.
12. Submission of Ideas and Other Information
Tempo Wireless welcomes specific comments regarding
Tempo Wireless and the Materials. Tempo Wireless will
consider adding to the library of Tempo Wireless
Materials any ideas, tools, materials or technology
You voluntarily choose to give Tempo Wireless . You
must be legally able to transfer such ideas and
materials and be prepared to certify the same
if requested by Tempo Wireless .
If You send us creative suggestions, ideas, notes,
drawings, concepts or other information (collectively
"Ideas"), then by submitting any Ideas to
Tempo Wireless you automatically grant to Tempo Wireless
a royalty-free, perpetual, irrevocable, non-exclusive
right and license to use, reproduce, sell, modify,
adapt, publish, translate, create derivative works
from, distribute, perform and display such Ideas
(in whole or part) worldwide and/or to incorporate
it in other works in any form, media, or technology
now known or later developed for the full term
of any rights that may exist in such Ideas. Whether
Tempo Wireless ever uses the Ideas or not in Tempo Wireless,
the Ideas shall be deemed, and shall thereafter
remain, the property of Tempo Wireless .
None of the Information shall be subject to any
obligation of confidentiality on the part of Tempo Wireless
as defined herein. Tempo Wireless shall not be liable
or owe You any compensation for any voluntary
disclosure of Ideas or their subsequent use by
Tempo Wireless .
13. Proprietary Information
You acknowledge that, in the course of using
Tempo Wireless You are obtaining information relating
to Tempo Wireless , to Tempo Wireless and/or to the
Materials (collectively "Proprietary Information").
Such Proprietary Information is the exclusive
property of and shall belong solely to Tempo Wireless
and includes, but is not limited to, the features
and modes of operation of Tempo Wireless, the Materials
themselves, and the underlying concept of providing
marketing tools, technology and knowledge to individuals
in established businesses both in the traditional/offline
and internet/online arenas in a variety of industries
and applications including traditional marketing
and sales, direct marketing, network marketing,
and multi-level marketing for the purpose of building
their opportunities (collectively "Tempo Wireless
Concept").
In regard to all Proprietary Information You
agree not to use the Proprietary Information for
your own benefit or the benefit of a third-party,
or to otherwise disclose to anyone any of the
Proprietary Information without the prior written
consent of Tempo Wireless , except for those uses
that are expressly authorized by this Agreement
and that are expressly described in Permitted
Uses above, or unless such Proprietary Information
becomes part of the public domain without breach
of this Agreement by You.
14. Use of Proprietary Materials
Subject to the terms and conditions of this Agreement,
Tempo Wireless grants You an individual, personal,
non-sub-licensable, non-exclusive and non-transferable
license ("License") to use its proprietary
Tempo Wireless Materials, in end-user form only,
generally but not limited to Adobe Acrobat .PDF
files, and then only in accordance with the specific
instructions and approved uses as describer herein,
and only in conjunction with this Agreement.
Other than for the uses expressly permitted by
this Agreement You agree and certify that You
will not, directly or indirectly, attempt to reverse
engineer, decompile, disassemble or otherwise
attempt to discover the source code or underlying
ideas or algorithms of the Materials; modify,
translate, or create derivative works based on
the Materials; or copy (except for archival purposes),
rent, lease, distribute, assign, or otherwise
transfer rights to the Materials; use the Materials
for timesharing or service bureau purposes or
otherwise for the benefit of a third party; or
remove any proprietary notices or labels that
may come with the Materials.
You acknowledge that Tempo Wireless and its licensors,
if any, retain ownership of all concepts and Materials
associated with Tempo Wireless Concept, and any portions
or copies thereof, and all rights therein.
15. Responsibility for Content
Tempo Wireless is responsible only for the Materials
that are posted on Tempo Wireless website for download
by Members.
Tempo Wireless exercises no control whatsoever over
the content, information and data passing through
the websites of its Members.
For the convenience of its Members, Tempo Wireless
may provide Internet links on the Tempo Wireless
ands/or Tempo Wireless websites to the websites of
third parties. The inclusion, if any, of such
links does not imply an endorsement of any kind
by Tempo Wireless for the linked sites, for their
content or for the entities that post and maintain
them. In addition, Tempo Wireless accepts no responsibility
whatsoever for the content which appears on such
linked websites.
Tempo Wireless makes no representations whatsoever
about any other website to which You may gain
access through your membership in Tempo Wireless.
When You access a non- Tempo Wireless website, you
acknowledge that it is with the full knowledge
and understanding that it is totally independent
from Tempo Wireless , and that Tempo Wireless has no
control over the content on, features included,
or performance of that website. You further acknowledge
that You use any such non- Tempo Wireless websites
at Your own and complete risk.
16. Non-Assignability of Agreement Responsibilities
and Membership Privileges
Neither the rights nor the obligations arising
under this Agreement are assignable or transferable
by You. Any such attempted assignment or transfer
shall be void and without effect.
Tempo Wireless accounts cannot be transferred or
may not be used by anyone other than the Member
subscriber, or another user at his same physical
location that the Member has authorized to use
the account. Tempo Wireless possesses the ability
to track unauthorized usage of Member accounts
from third-party locations. Member accounts that
have been transferred to other parties, or show
other activity in violation of this paragraph,
are subject to immediate cancellation.
You are expressly not permitted to allow others
access to your Tempo Wireless account or to the Material,
nor are you permitted to make Your password visible
to others. You may not attempt to determine the
password of another Tempo Wireless Member.
17. Disclaimer of Warranties, Limitation
of Liabilities, Indemnification
Tempo Wireless does NOT warrant that the Tempo Wireless
website, the Materials, and any related websites
and/or services will be error free or uninterrupted.
Tempo Wireless is not be liable for the consequences,
if any, of any such interruptions or errors.
The Tempo Wireless website, the Materials, and all
service associated with Tempo Wireless are distributed
on an "AS IS" basis and are subject
only to the warranty disclaimers and limitations
found in this agreement, if any, without any other
warranties of any kind, either expressed or implied.
THE CONTENTS OF Tempo Wireless WEBSITE AND THE MATERIALS
ARE PRESENTED ON AN "AS IS" BASIS. NO
WARRANTY OR REPRESENTATION OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR
MERCHANTABILITY OR FITNESS FOR USE FOR A PARTICULAR
PURPOSE, IS MADE IN RELATION TO THE CONTENT ON
THESE PAGES. Tempo Wireless SHALL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF THE USE OF THE Tempo Wireless
WEBPAGES OR THE MATERIALS. You agree that Tempo Wireless
is the neutral host of Tempo Wireless website and
the neutral provider of the Materials and has
no control over and has absolutely no responsibility
whatsoever for or liability in relation to the
business opportunities that Tempo Wireless and its
Representatives represent as part of their collective
use of Tempo Wireless and/or the Materials.
Although Tempo Wireless provides some encryption
and security layers to protect certain personal
information which is transmitted by Users, You
understand that Your uploads and transmissions
may be intercepted and used, and that all the
risk associated therewith is solely Yours. If
you do not wish to assume this risk then you should
not transmit personal information via the Tempo Wireless
and/or Tempo Wireless websites.
You agree to indemnify, defend, and hold harmless
Tempo Wireless and its partners, affiliates, officers,
directors, employees and agents, and other Tempo Wireless
Members (collectively, " Tempo Wireless Family")
from and against any and all liability, claims,
losses, damages, injuries or expenses (including
attorney's fees) directly or indirectly arising
from or relating to Your use of Tempo Wireless and/or
the Materials, and any dispute relating thereto.
Tempo Wireless cannot and will not be responsible
for ANY losses, damages or costs that You and/or
Your business may suffer when using the Tempo Wireless
website, Tempo Wireless website, the Materials, and
any related websites and/or services. You expressly
agree to indemnify and hold harmless the Tempo Wireless
Family from ANY claims resulting from Your use
of the Tempo Wireless website, the Materials, and
any related websites and/or services. You expressly
agree that use of the Tempo Wireless website, the
Materials, and any related websites and/or services
is at Your complete and sole risk and You understand
such risks are an inherent part of business. You
expressly agree that neither the Tempo Wireless Family
nor its partners, officers, service providers,
affiliates, licensors, employees and/or contractors
shall have ANY liability for ANY damages, if any,
suffered by You, Your business or ANY other 3rd
party associated with you or not as a result of
the use or misuse of the Tempo Wireless website,
the Materials, and any related websites and/or
services.
18. Modification
Tempo Wireless reserves the right, at its sole discretion,
to change, modify, add or remove portions of this
Agreement at any time. Notification of the changes
in Tempo Wireless or this Agreement will be posted
on the Web, or sent via e-mail, or postal mail.
Modifications may include, but are not limited
to, changes in the scope of the program, term
of service fees, payment procedures, and Tempo Wireless
rules. If any modification is unacceptable to
You, or If You are dissatisfied with Tempo Wireless
or with any of its terms, conditions, rules, policies,
guidelines, or the practices of Tempo Wireless in
operating Tempo Wireless, Your only recourse is to
terminate this agreement by canceling Your membership.
Your continued participation in the program following
the posting of any change notice(s) or a new agreement
on Tempo Wireless website will constitute your implicit
agreement with and binding acceptance of the change(s).
19. Force Majeure
Tempo Wireless shall not be liable hereunder by
reason of any failure or delay in the performance
of its obligations hereunder on account of strikes,
shortages, riots, insurrection, fires, flood,
storm, explosions, acts of God, war, governmental
action labor conditions, earthquakes or any other
cause which is beyond the reasonable control of
Tempo Wireless .
20. Arbitration
Dispute relating in any way to this Agreement
(including any actual or alleged breach hereof),
any transactions or activities under this Agreement
or Your relationship with Tempo Wireless or any Tempo Wireless
Members shall be submitted to confidential arbitration
in Louisville, KY and/or Rhinelander, WI except that, to the extent You
have in any manner violated or threatened to violate
Tempo Wireless's intellectual property rights as
defined herein, in which case Tempo Wireless may
seek injunctive or other appropriate relief in
any state or federal court in the State of Kentucky and/or Wisconsin (and You consent to non-exclusive jurisdiction
and venue in such courts) or any other local court
of competent jurisdiction in the State of Kentucky,
County of Jefferson and/or State of Wisconsin, County of Oneida. Arbitration under this agreement
shall be conducted under the rules then prevailing
of the American Arbitration Association. The arbitrator's
award shall be binding and may be entered as a
judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable
law, no arbitration under this Agreement shall
be joined to an arbitration involving any other
party subject to this Agreement, whether through
class arbitration proceedings or otherwise.
21. Miscellaneous
This Agreement shall be governed by the laws
of the United States of America and the State
of Kentucky, without reference to rules governing
choice of laws. You may not assign this Agreement,
by operation of law or otherwise, without our
prior written consent. Subject to that restriction,
this Agreement will be binding on, inure to the
benefit of, and be enforceable against the parties
and their respective successors and assigns. RTM
Seminar 's failure to enforce Your strict performance
of any provision of this Agreement will not constitute
a waiver of Tempo Wireless's right to subsequently
enforce such provision or any other provision
of this Agreement.
22. Copyrights and Trademarks
Unless otherwise indicated any and all content
on the Tempo Wireless sites including but not limited
to text, graphics, logos, picture images, audio
files, video files, multi-media, music, sound,
intellectual property and software is the property
of Oneida Marketing Enterprises and/or Tempo Wireless
and is protected by U.S. and international copyright
and trademark laws. No part of the Tempo Wireless
web site or related web sites may be reproduced
or transmitted in any form or by any means without
the expressed written permission of Tempo Wireless
.
Tempo Wireless's copyright notice (Copyright ©
2006-08 by Tempo Wireless) appears to remind You
that everything on the Tempo Wireless websites is
licensed by Tempo Wireless and protected by copyright
as a collective work or compilation (or both)
with the exception of works identified by someone
else's copyright notice.
Tempo Wireless, www.tempowireless.com and all other extensions, are
all trademarks of Oneida Marketing Enterprises
and/or Tempo Wireless and are protected under United
States trademark law. Products and company names
mentioned herein that are not owned by the Company
may be trademarks or trade names of their respective
owners. Your access to the Tempo Wireless website
does not grant any license or right to use any
marks appearing on the site without the prior
written consent of the Company or the third party
owner of that mark, product or trade name. Oneida
Marketing Enterprises and Tempo Wireless trademarks
may not be used in any manner that suggests they
are not associated with Oneida Marketing Enterprises or Tempo Wireless. Any rights not expressly
granted herein are reserved.
23. Entire Agreement
This Agreement constitutes the entire agreement
between Tempo Wireless and You pertaining to the
subject matter hereof, and any and all written
or oral agreements heretofore existing between
the parties hereto are expressly cancelled. Any
modifications of this Agreement must be in writing
and acknowledged by both parties hereto. Should
any provision of this agreement be held to be
illegal, invalid, or unenforceable by a court
law, the legality, validity and enforceability
of the remaining provisions of this agreement
shall remain unaffected thereby unless otherwise
stated.
These Terms and Conditions supersede all previous
representations, understandings or agreements
and shall prevail notwithstanding any variance
with terms and conditions of any order submitted.
Your use of Tempo Wireless constitutes your explicit
acceptance of these Terms and Conditions.
24. Independent Investigation
You acknowledge that You have read this agreement
and agree to all its terms and conditions. You
have independently evaluated the desirability
of participating in the program and are not relying
on any representation, guarantee, or statement
other than as set forth in this Agreement. By
becoming a member of Tempo Wireless and using the
Materials You indicate Your acceptance of this
agreement and its terms and conditions.