Welcome to g8wave! In conjunction with our affiliates, we provide a wide range of mobile services for our customers, including SMS alerts, promotions and contests. We also offer binary content downloads such as videos, ringtones, voicetones and wallpapers for mobile phones. Please review the following terms and conditions that govern your use of our services, and note that your use of our services constitutes your agreement to these terms and conditions.

mobile alerts

This page contains the terms and conditions (the "Terms and Conditions") for our Mobile Alerts. In order to use this service and the content provided within, you must agree to these Terms and Conditions. We reserve the right to change the Terms and Conditions at any time. Any changes to the Terms and Conditions or Privacy Policy will be posted on our web page. If you cannot or do not wish to abide by these Terms and Conditions, do not agree to the Terms and Conditions and do not proceed with use of this service.

This SMS service is operated by g8wave and supported by AT&T, Alltel, Boost, Cellular One Dobson, Sprint, Nextel, T-Mobile , US Cellular and Verizon Wireless. Messages and data rates may apply. Please contact your wireless carrier for pricing details if you have any questions regarding your plan’s specific rates.

Message frequency may vary but you will receive no more than 2 messages per week per category. If you are receiving alerts from shortcode 22122, you may unsubscribe from our Mobile Alerts at any time by texting STOP to 22122 or replying STOP to any message that you receive from us. If you are receiving alerts from shortcode 66858, you may unsubscribe from our Mobile Alerts at any time by texting STOP to 66858 or replying STOP to any message that you receive from us. You may also unsubscribe by contacting us at 800-234-5178 or cancelling your membership on the site when applicable.

g8wave may terminate this Agreement or your account (or any part therein) at any time in our sole discretion. g8wave reserves the right to change or discontinue any aspect or feature of the service at any time. You agree that we shall not be liable to you or any third-party for any termination or disabling of this service.

You agree to defend, indemnify and hold harmless g8wave, and its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys' fees) arising out of your use of the service.

You agree that use of our Mobile Alerts is at your own discretion and risk and that you will be solely responsible for any damage to your mobile device, any injury and/or loss of data that results from the use of our Mobile Alerts or from your inability to access or receive our Mobile Alerts.

These Terms and Conditions will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts , without giving effect to the conflict of laws or provisions of Massachusetts or your actual state or country of residence. Any dispute arising from these Terms and Conditions shall be adjudicated in the federal or state courts located in Suffolk County of Massachusetts. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, the remainder of these Terms and Conditions will continue in full force and effect. These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by g8wave.

Customer Support

E-mail: help@g8wave.com

Phone: 800-234-5178

Text HELP to 22122 or 66858 

back to top

mobile downloads

This page contains the terms and conditions (the "Terms and Conditions") for our Mobile Downloads. In order to use this service and the content provided within, you must agree to these Terms and Conditions. We reserve the right to change the Terms and Conditions at any time. Any changes to the Terms and Conditions or Privacy Policy will be posted on our web page. If you cannot or do not wish to abide by these Terms and Conditions, do not agree to the Terms and Conditions and do not proceed with use of this service.

This content download service is operated by g8wave and supported by AT&T, Sprint, Nextel and T-Mobile. Downloads are one time purchases and cost $2.00-$2.99 as indicated. Charges will appear on your wireless phone bill or be deducted from your prepaid balance. You must be the owner of this device and either be the bill payer or have permission to use this service. Message and data rates may apply. Please contact your wireless carrier for pricing details if you have any questions regarding your plan’s specific rate and data charges.

This is not a subscription service but you may cancel Mobile Content at any time by texting STOP to 78000 or replying STOP to any message that you receive from us. You may also unsubscribe by contacting us at 800-214-1632.

g8wave may terminate this Agreement or your account (or any part therein) at any time in our sole discretion. g8wave reserves the right to change or discontinue any aspect or feature of the service at any time. You agree that we shall not be liable to you or any third-party for any termination or disabling of this service.

You agree to defend, indemnify and hold harmless g8wave, and its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys' fees) arising out of your use of the service.

You agree that use of our Mobile Download Service is at your own discretion and risk and that you will be solely responsible for any damage to your mobile device, any injury and/or loss of data that results from the use of our Mobile Downloads or from your inability to access or receive our Mobile Downloads.

These Terms and Conditions will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts , without giving effect to the conflict of laws or provisions of Massachusetts or your actual state or country of residence. Any dispute arising from these Terms and Conditions shall be adjudicated in the federal or state courts located in Suffolk County of Massachusetts. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, the remainder of these Terms and Conditions will continue in full force and effect. These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by g8wave.

Customer Support
E-mail: help@g8wave.com
Phone: 800-214-1632
Text HELP to 78000

back to top

mobile giving

g8wave is an authorized service provider of the Mobile Giving Foundation. By electing to give a donation in response to a Mobile Giving Foundation campaign, you agree to be bound by the following terms and conditions. If you do not agree to be bound or cannot comply with any of the terms and conditions, do not continue the donation.

Terms of your gift:

Thank you for contributing to a Mobile Giving Foundation campaign. Your donation is to the Mobile Giving Foundation (MGF), a 501c(3) public charity, which re-grants your donation to the charity(ies) you designated through your text message donation. Your donation will appear as Mobile Giving Foundation on your wireless statement. Per our agreement with all organizations, and in accordance with the Internal Revenue Service, the MGF has the exclusive legal control over all donation amounts. If an organization fails to comply with the MGF Standards for Participation, the MGF reserves the right to disseminate donation amounts to a complementary organization.

Please consult your tax or financial advisor for specific questions about your gift. All MGF approved organizations qualify for 501c(3) status and donations should be tax deductible. Please save your wireless operator bill or print a donation receipt at www.mobilegiving.org/receipt. Your donation is immediate and irrevocable. Accordingly, the MGF cannot refund or cancel your donation. Please check with your wireless operator for operator specific refund policies.

Payment to Designated Organizations:

The MGF collects donations paid by you from your wireless operator. In some instances, your donation will be deducted from your pre-paid balance with your wireless operator. The wireless operators remit 100% of your donation to the MGF. Within 30 days of the MGF’s receipt of collected donations from the wireless operator, the MGF grants 100% of the donation to the designated organization. (There may be some designated organizations that have permitted the MGF to grant 5-10% of each donation to the MGF to cover administrative costs associated with the MGF’s mission.)

Donation Types:

$5 Donations: A donation of $5.00 will be added to your mobile phone bill or deducted from your prepaid balance. In addition to your $5.00 donation, standard text messaging and/or data rates apply. Please contact your wireless operator for additional information. All charges are billed by and payable to your wireless operator. Standard message charges apply.

$10 Donations: A donation of $10.00 will be added to your mobile phone bill or deducted from your prepaid balance. In addition to your $10.00 donation, standard text messaging and/or data rates apply. Please contact your wireless operator for additional information. All charges are billed by and payable to your wireless operator. Standard message charges apply.

Recurring Donations:In the event you have elected to contribute donation amounts on a monthly basis, you authorize the MGF to add such donation to your mobile phone bill on a monthly basis. In addition to your donation, standard text messaging and/or additional rates apply. Please contact your wireless operator for additional information. All charges are billed by and payable to your wireless operator. Standard message charges apply.

Help, Cancellation and Additional Information:

If you would like to receive help, please send "HELP" to 20222. If you would like to Opt-Out, please send STOP to 20222. For support please email support@mobilegiving.org or call 866-810-1203.

Service, Warranties and Liability:

This service is available through the following wireless operators: AT&T, Nextel, Sprint, T-Mobile USA, U.S. Cellular, Cricket Communications, Cincinnati Bell, and Verizon Wireless. The MGF is not liable for any delays related to the transmission of any text messages, donations, alerts, etc. Delivery is subject to and dependent upon the applicable network operator. All services are provided "as is" with no warranties by the MGF or its agents, licensors, business partners, charities and/or suppliers (collectively the "MGF Parties"). The MGF Parties expressly disclaim to the fullest extent permitted by law all express, implied, and statutory warranties, including without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. Data obtained from you in connection with this SMS service may include your cell phone number, your carrier's name, and the date, time and content of your messages. We may use this information to contact you and to provide the services you request from us. You understand and agree that you use the services and/or donate through the MGF at your own discretion and risk and that you will be solely responsible for any damages to your mobile phone, mobile phone service or computer system or loss of data that results from the download of such material or data.

When making a donation through the MGF service, a variety of personal information will be collected and shared with the organization to which you have designated your donation. The MGF and designated organization may send you additional messages. If at any time you wish to discontinue such messages, you may opt-out in accordance with these terms.

EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT, THE MGF DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AS TO ANY MATTER WHATSOEVER RELATING ALL MESSAGES, MATERIALS, CONTENT, SOFTWARE, DOCUMENTATION, TECHNOLOGY, SERVICES, AND DELIVERABLES PROVIDED BY ONE PARTY TO THE OTHER PARTY HEREUNDER, INCLUDING BUT NOT LIMITED TO ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OF REASONABLE CARE OR WORKMANLIKE EFFORT, OF RESULTS, OF LACK OF NEGLIGENCE, OF A LACK OF VIRUSES OR ERRORS, AVAILABILITY, TIMELINESS, OR OF ACCURACY OR COMPLETENESS OF RESPONSES, ALL WITH REGARD TO ALL MESSAGES, MATERIALS, CONTENT, SOFTWARE, DOCUMENTATION, TECHNOLOGY, SERVICES, AND DELIVERABLES PROVIDED BY ONE PARTY TO THE OTHER PARTY HEREUNDER. THERE IS NO WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITY, OR NONINFRINGEMENT WITH RESPECT TO ANY MATERIALS, CONTENT, SOFTWARE, DOCUMENTATION, TECHNOLOGY, SERVICES, AND DELIVERABLES PROVIDED HEREUNDER.

You agree to indemnify and hold harmless the MGF and its agents, employees, representatives, licensors, affiliates, parents and subsidiaries from and against any and all claims, actions, demands, causes of action and other proceedings arising from or concerning your use of the service (collectively "Claims"), and to reimburse them on demand for any losses, costs, judgments, fees, fines and other expenses they incur (including attorneys' fees and court costs) as a result of any Claims.

MGF’S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE GREATER OF $5 OR THE AMOUNT PAID BY YOU FOR THE SERVICE AND/OR CONTENT THAT CAUSED SUCH DAMAGE. (USA ONLY) SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO ALL ASPECTS OF THESE TERMS. UNDER NO CIRCUMSTANCES SHALL THE MGF OR THE MGF PARTIES, AS APPLICABLE, BE LIABLE FOR ANY UNAUTHORIZED USE OF THE SERVICE.

PRIVACY: For additional information regarding the use of information collected in connection with the service, please refer to the privacy policy at http://www.mobilegiving.org/privacy.

General:

Promotions and Advertising. The MGF and/or its business partners may present advertisements and promotional materials on or through the service. Your participation in any promotional event is subject to the terms and conditions associated with that event. Your correspondence or business dealings with, or participation in promotions of, any third-party advertisers on or through the service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third-party. You agree that neither the MGF nor its business partners shall be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the service.

These terms shall be governed by the internal laws of the State of Colorado, without giving effect to principles of conflict of laws. You hereby consent to the exclusive jurisdiction and venue of the state courts sitting in Denver County, Colorado or the United States Federal District for the District of Colorado to resolve any disputes arising under this Agreement.

These terms contain the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. You agree that any varying or additional terms contained in any purchase order or other written notification or document issued by you in relation to the services hereunder shall be of no effect. The failure or delay of the MGF to exercise any of its rights under these terms or upon any breach of this agreement shall not be deemed a waiver of those rights or of the breach. If any provision of these terms shall be held by a court of competent jurisdiction to be contrary to law that provision will be enforced to the maximum extent permissible and the remaining provisions of these terms will remain in full force and effect.

The enumeration and headings contained in these terms are for convenience only and are not intended to have any substantive significance in their interpretation. Any correspondence, notice or request permitted to be given under or in connection with these terms and conditions or the subject matter hereof shall be sent by prepaid, certified, first class mail, or courier service with receipt of delivery obtained directly to the MGF addressed as follows:

Email: support@mobilegiving.org
Phone: 866-210-1203
US Mail:
Mobile Giving Foundation, Inc.
225 108th Avenue NE, Ste 570
Bellevue, WA 98004

Attn: General Counsel
The MGF may modify or terminate its services from time to time, for any reason, and without notice or liability to you, any other user or any third party. We reserve the right to revise these terms by updating this posting. Please review these terms from time to time so that you will be apprised of any changes. Use of this service following a change to the terms constitutes agreement to the new terms. If you cannot comply with the amended terms, your only remedy is to cease any future donations.

back to top

privacy policy

Your privacy is important to us. To better protect your privacy, we provide this notice explaining our online information practices used at this g8wave site.
Gathering Personal Information

g8wave might gather some personal information specific to participating in promotional campaigns. The information requested may include contact and demographic information. Information you supply is voluntary and will relate to the relationship g8wave has with you or your organization and will be only requested to the extent it is necessary to provide the services you have requested. g8wave may also log IP addresses and phone numbers to analyze trends, administer the site, track visitor movements, and gather broad demographic information for aggregate use; provided, that such use is for internal purposes of g8wave or its affiliates or partners only.

Using Personal Information

If you do choose to give us personal information related to participating or not participating in promotional campaigns we will let you know how it will be used. For instance, we may use the data to make our services more relevant to you or to notify you of information and offers you may be interested in. You should know that when you sign-up or use any of our services we may use information about who you are, where and when you respond to promotions, where your wireless device is located, and how you use our network, or other information as described in this Policy.

Sharing Personal Information

g8wave may share aggregated, non-personal, non-individual information collectively with its marketing partners for research purposes only. We will not share individual information regarding transactions or participation in promotional programs with any third party. We will not sell or disclose your personal information to third parties without your consent or as otherwise provided in this Policy.

Cookies

A cookie is a piece of data stored on the user's hard drive containing information about the user. Some of g8wave's web pages may use cookies or other technologies so that they can better serve you when you return to their site. Usage of a cookie is in no way linked to any personally identifiable information while on their site.

Consent

We reserve the right to disclose any and all pertinent customer information to law enforcement or other government officials, as we believe necessary or appropriate.

Security

To help prevent unauthorized access or disclosure of visitors' information, maintain data accuracy, and to help with the appropriate use of the information, g8wave has put in place reasonable physical, electronic, and managerial procedures to protect the information we collect from the site and participation in our mobile promotions. These procedures are designed to provide:

• Security of our service (e.g. firewalls, anti-virus software, etc).
  
• Protection of subscriber data that we maintain.
  
• Protection from fraudulently benefiting from the participation in promotions and contests.
  
• Protection from receiving unwanted messages.

Your Acceptance

By using this g8wave site and participating in our mobile promotions, you signify your understanding and acceptance of this Privacy Statement. If we decide to change our privacy policy, we will post those changes on store.g8wave.com/tos so you are always aware of what information we collect, how we use it, and under which circumstances, if any, we disclose it. Your continued usage of this g8wave site and our mobile promotions following the posting of additions and/or changes to this Privacy Statement means you accept those changes. If users have questions or concerns regarding this statement, If you have any questions about this statement, please contact us via email at help@g8wave.com or direct your mail to "Privacy" at:

g8wave
126 Brookline Avenue
Suite 201
Boston, MA 02215. USA.

back to top

general

Contest and Promotions

From time to time, we may offer mobile contests, sweepstakes or other promotions. If you enter one of these promotions, you may >have to provide information about yourself (such as your name, address, telephone number and email address) so that we can contact you if you win. We may share this information with any wholly or majority-owned subsidiary of g8wave and any co-sponsor of the promotion (we will identify any co-sponsor in the official rules for the promotion). If you don't want us to collect the information requested in the registration form or to provide it to any wholly or majority-owned subsidiary of g8wave or contest co-sponsors, please do not enter the contest or sweepstakes.

Advertisers, Vendors, and Third Parties

Your correspondence, transactions or other dealings with advertisers, g8wave partners, mall vendors, or other third parties available on or linked through our service, including but not limited to payment and delivery of related goods or services, and other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser, partner, vendor or other third party. g8wave does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such parties or resources. You agree not to hold g8wave liable for any loss or damage incurred as the result of your participation with the advertisers, partners, vendors, or other third parties available on or through the Service, or as the result of any dealings with such parties, including but not limited to attendance at events advertised or purchase or use of goods or services offered on or through the site. You acknowledge and agree that content, including but not limited to text, software, music, sound, photographs, graphics, video, or other material contained in sponsor advertisements or information presented to you by g8wave, its partners, or advertisers, is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. By posting information, or other content to any area accessible to the public or service name's general membership, you automatically grant, and you represent and warrant that you have the right to grant, to g8wave an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.

Disclaimer of Warranties

The Service and the materials available on or through the Service are without warranties or conditions of any kind either expressed or implied. To the fullest extent permissible under applicable law, g8wave disclaims all warranties and conditions, expressed or implied, including, but not limited to, implied warranties and conditions of merchantability, merchant quality, correspondence to description and fitness for a particular purpose. g8wave does not represent or warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available, are free of viruses or other harmful components. g8wave does not represent or warrant that the materials or the results of the use of the materials available through the Service or from third parties will be correct, accurate, timely, reliable, or otherwise.

Limits of Liability

To the fullest extent permissible under applicable law, g8wave shall not be liable under any circumstances, including but not limited to negligence, for any direct, indirect, incidental, special or consequential damages that result from the use of or the inability to use the Service, any changes to the Service, unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Service. You specifically agree that g8wave is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. If you are dissatisfied with the Service, the materials available on or through the Service, or with any of g8wave's Terms of Service, your sole and exclusive remedy is to discontinue using the Service. You agree to indemnify and hold g8wave and each of its stand-alone services, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorney's fees, asserted by any third party due to or arising from the content you transmit to or through, as well as your conduct on or arising from the use of, the Service.

Communication

Any communication to g8wave shall be made via text, email or regular mail. g8wave may communicate changes to the Agreement or other matters by displaying notices to members generally on the Service, or via text, email or regular mail.

General

The Agreement and the relationship between you and g8wave shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions. You and g8wave agree to submit to the personal and exclusive jurisdiction of the Commonwealth of Massachusetts for Suffolk County . g8wave's failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court 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 the Agreement 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 this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. These Terms of Service and Privacy Policy are subject to change by g8wave at any time, effective upon posting. We encourage you to review them often.

back to top

© 2008 g8wave, Inc. All Rights Reserved.