PLEASE READ THESE TERMS CAREFULLY BEFORE
USING THE ARWEST SITE
Your access to and use of the web sites and
pages provided by ArWest Communications Corp. is subject to the following
terms and conditions that may be updated by us from time to time without
notice to you. In consideration of your use of the ArWest site, or any
individual or entity on whose behalf a you access or use the ArWest site,
you accept, without limitation or qualification, the following terms and
conditions and agree to be bound by the ArWest Privacy Policy.
Please read these terms carefully and often as they are subject to
change.
1. Description of Site and Restrictions on Use.
ArWest currently provides users with access to online resources, including
information regarding ArWest products, support services and a system for
purchasing ArWest products. You understand and agree that the ArWest site
is provided "as is." Except as expressly provided, ArWest does not grant
any express or implied right to you under any patents, copyrights,
trademarks, or trade secret information.
ArWest maintains the ArWest site for your personal information and
education. Please feel free to browse the ArWest site. You may print or
download material owned by ArWest displayed on the ArWest site for
noncommercial, informational, personal use only, provided you retain all
copyright and other proprietary notices contained on the materials.
Materials include text, graphical images, pictures, diagrams and video
materials. You may not publicly display, sell, rent, decompile, reverse
engineer, disassemble, distribute, broadcast, transmit, modify, reuse,
repost, use, or create derivative works based on the content of the ArWest
site in whole or in part for any purpose, without written permission from
ArWest in each instance. To access some portions of the ArWest site you may
be required to complete a Registration form.
2. Links. Some links on the ArWest site may permit
you to leave the ArWest site and access information provided on other sites
not under the control of ArWest. ArWest has not reviewed any or all of the
sites linked to the ArWest site and is not responsible for the content of
any linked site or any other sites linked to the ArWest site. Your linking
to the ArWest site or other sites is at your own risk. ArWest shall not be
liable for any loss or damage of any sort incurred as the resort of any such
dealings or the result of the presence of such advertisers on the ArWest
site. ArWest provides links to you as a convenience and does not imply the
recommendation or endorsement of the linked information or company. We
welcome links to the ArWest site. You are free to establish a hypertext link
to the ArWest site so long as the link and use of the link does not state or
imply any sponsorship, endorsement or affiliation of you or your site by
ArWest. Without the prior written permission of ArWest, you may not frame
any of the content of the ArWest site, or incorporate into another web site
or other service the intellectual property of ArWest or any of its
licensors.
3. User Conduct. You are prohibited from violating
or attempting to violate the security of the ArWest site, including,
without limitation, (a) accessing data not intended for you or logging into
a server or account which you are not authorized to access, (b) attempting
to probe, scan or test the vulnerability of a system or network or to breach
security or authentication measures without proper authorization, (c)
attempting to interfere with service to any user, host or network,
including, without limitation, by submitting a virus to the ArWest site,
overloading, "flooding," "spamming," "mailbombing" or "crashing,"
(d) sending unsolicited e-mail, spamming or to transmitting chain letters,
junk email or bulk communications, including promotions and/or advertising
of products or services, or (e) forging any TCP/IP packet header or any
part of the header information in any e-mail or newsgroup posting,
including pretending to be someone else or spoofing their identity.
Violations of system or network security may result in civil or criminal
liability. ArWest will investigate occurrences that may involve such
violations and may involve, and cooperate with, law enforcement authorities
in prosecuting users who are involved in such violations. ArWest reserves
the right to block, filter or delete unsolicited email.
4. International Use. Software and other materials
from the ArWest site may also be subject to export controls of the United
States and/or such other country whose export restriction may apply. Export
Control laws prohibit the export of certain technical data and software to
certain territories such as Libya, Cuba, North Korea, Syria, Iran or Iraq.
No software or other materials from the ArWest site may be downloaded or
exported to any such countries, companies and/or individuals that may be
subject to such export restrictions or proscribed by the United States
Export Administration Regulations without first complying with the licensing
requirements of such regulations. ArWest does not authorize the downloading
or exportation of any software or technical data from the ArWest site to any
jurisdiction prohibited by the Export Laws.
5. U.S. Government Restricted Rights. The
information on the ArWest site is provided with "RESTRICTED RIGHTS". Use,
duplication or disclosure by the Government is subject to restrictions as
set forth in FAR 52.227-14 and DFAR
252.227.-7013 et seq. or its successor. Use of the information by the U.S.
Government constitutes acknowledgement of ArWest's proprietary rights in
the information.
6. Copyright Information. The ArWest site and their
contents are protected by copyright, author rights and/or other intellectual
property rights which are the property of ArWest or third parties. You
should assume that everything you see or read on the ArWest site is
copyright protected unless otherwise noted, and may not be used except as
provided in these terms and conditions, without the written permission of
ArWest. ArWest neither warrants nor represents that your use of materials
displayed on the ArWest site will not infringe rights of third parties not
owned by or affiliated with ArWest.
7. Trademark Information. The following trademarks,
logos, and service marks displayed on the ArWest site are registered and
common law trademarks of ArWest and others:
Company, Brands, and
Products: | AW100BT | ArWest | AW135BT | AWare |
AW200BT | AlphaWave |
AW225BT |
FH915 |
AW400BT |
AW100Rx Avia |
AW435BT |
AW100Tx |
JLink Lite |
AW200Tx |
AW900BT |
AW400Tx |
BT4EX8M |
AW400Rx |
AWLaunch |
AW400Tx Ext |
Outside
Names: | WindowsXP | Windows
7 | Windows Vista | Bluetooth |
Other products or company names mentioned in
the ArWest site may be the trademarks or registered trademarks of their
respective owners. Nothing contained on the ArWest site should be construed
as granting, by implication, or otherwise, any license or right to use any
trademarks on products, in advertising or publicity, or for any other
purpose without the written permission of ArWest r such third party that
may own the trademarks. Your use of the trademarks, or any other content on
the ArWest site, except as provided in these terms and conditions, is
strictly prohibited. You are also advised that ArWest ill aggressively
enforce its intellectual property rights to the fullest extent of the
law.
8. Use of Images. Images of people or places
displayed on the ArWest site are either the property of, or used with
permission by, ArWest.
9. Use of Material by ArWest. Any suggestions,
feedback, communication or similar information you transmit to the ArWest
site by electronic mail or otherwise, including any data, questions,
comments, suggestions or the like is, and will be treated as
non-confidential and nonproprietary. Such information shall be deemed to be
provided without any restrictions on use such that ArWest or its affiliates
shall have no obligation of any kind with respect to such information and
shall be free to reproduce, use, disclose, and distribute the information to
others without limitation. Furthermore, ArWest is free to use any ideas,
concepts, know-how, or techniques contained in such feedback, suggestions or
communication and the like for any purpose whatsoever including, but not
limited to, developing, manufacturing and marketing products or services
using such information. Through your usage of the ArWest site, you may
submit and/or ArWest may gather certain limited information about you and
your web site usage subject to the ArWest Privacy Policy.
10. Disclaimer. ArWest strives to provide you with
accurate information. Nevertheless, ArWest makes no warranties or
representations as to the ArWest site or their accuracy. The information and
materials provided on the ArWest site may include technical inaccuracies,
typographical errors or software "bugs". Some information is dated and may
not be accurate at a later date. We do not warrant the accuracy or
completeness of the information, text, graphics, links or other items on the
ArWest site.
We may make changes to the performance or pricing of the products described
on the ArWest site at any time without notice and we do not commit to
updating or continuing to provide information on any subject or product.
ArWest reserves the right to refuse to accept or to cancel orders placed
for products or services listed at an incorrect price, due to typographical
or other error, whether or not the order has been confirmed or your credit
card has been charged.
11. Disclaimer of Warranties. Your use of and
browsing in the ArWest site are at your risk. You understand and agree that
ArWest assumes no responsibility for the timeliness, deletion or incorrect
delivery of any communications. ARWEST, ANY OF ITS AFFILIATES, ITS AND THEIR
DIRECTORS, OFFICERS AND EMPLOYEES, AND ANY OTHER PARTY INVOLVED IN CREATING,
PRODUCING, OR DELIVERING THE SITES ARE NOT LIABLE FOR ANY DIRECT, INDIRECT,
SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES
OR ANY DAMAGES WHATSOEVER, EVEN IF ARWESTHAS BEEN PREVIOUSLY ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT,
NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF YOUR ACCESS TO, OR USE OF,
THE SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED
TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL
PURPOSE OF ANY LIMITED REMEDY.
Please note that some jurisdictions may not allow the exclusion of implied
warranties, so some of the above exclusions may not apply to you. ArWest
also assumes no responsibility, and shall not be liable for, any damages to,
or viruses that may infect, your computer equipment or other property on
account of your access to, use of, or browsing in the ArWest site or your
downloading of any materials, data, text, images, video, or audio from the
ArWest site.
12. Termination. ArWest reserves the right at any
time and from time to time to modify or discontinue, temporarily or
permanently, the ArWest site and any licenses granted through the site (or
any part thereof) with or without notice for any reason or no reason
whatsoever. You agree that ArWest shall not be liable to you or any third
party for any modification, suspension or discontinuance of the ArWest
site.
13. General Information. This constitutes the
entire agreement between you and ArWest regarding use of the ArWest site,
superseding any prior agreement between you and ArWest regarding use of the
ArWest site. You may also be subject to additional terms and conditions that
may apply when you purchase products or services.
ArWest may at any time revise these terms and conditions by updating this
posting. The failure of ArWest to exercise or enforce any right shall not
constitute a waiver of such right. The ArWest site is controlled and
operated by ArWest from its offices within the United States of America.
ArWest makes no representation that materials in the ArWest site are
appropriate or available for use in other locations, and access to them from
territories where their contents are illegal is prohibited. Those who choose
to access the ArWest site from other locations do so on their own initiative
and are responsible for compliance with applicable local laws. The internal
substantive laws of the State of California shall govern any claim relating
to the ArWest site or information provided on the ArWest site.
Copyright Information
The ArWest site and its contents are protected
by copyright, author rights and/or other intellectual property rights which
are the property of ArWest or third parties. You should assume that
everything you see or read on the ArWest site is copyright protected unless
otherwise noted, and may not be used except as provided in these terms and
conditions, without the written permission of ArWest. ArWest neither
warrants nor represents that your use of materials displayed on the ArWest
site will not infringe rights of third parties not owned by or affiliated
with ArWest. |