ACCEPTANCE OF TERMS:
RESTRICTIONS ON USE OF CONTENT:
TRADEMARKS AND SERVICE MARKS:
There are a number of proprietary logos, service marks, trademarks, slogans and product designations found on this Site. By making them available on this Site, bWell is not granting you a license to use them in any fashion. Access to this Site does not confer upon you any license under any of bWell's or any third party's intellectual property rights.
bWell Inc. is registered with the US Patent & Trademark Office. All other product or service names are the property of their respective owners. ?bWell Inc., 2006-2007. Marks owned by third parties include the following:
- Acrobat? and Acrobat Reader? are registered trademarks of Adobe Systems Incorporated.
- Macintosh?, Quicktime? and Quicktime logo are registered trademarks of Apple Computer, Inc.
- Microsoft?, Windows?, ActiveSync?, and Windows Media? are registered trademarks of Microsoft Corporation; and Windows XPTM and Windows MobileTM are trademarks of Microsoft Corporation.
SUBMISSION OF INFORMATION:
You are prohibited from posting or transmitting to or from the Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.
LINKS TO THIRD PARTY WEB SITES:
This Site may provide links to other third-party World Wide Web sites or resources. bWell makes no representations whatsoever about any other Web site which you may access through this Site. Because bWell has no control over such sites and resources, you acknowledge and agree that bWell is not responsible for the availability of such external sites or resources and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such sites or resources. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature. References on this Site to any names, marks, products or services of any third parties or hypertext links to third party sites or information are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with the third party or its products and services. bWell makes no representation or warranty as to any third party Content, products or services, and you agree that bWell 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 such third-party Content, products or services available on or through any such site or resource.
DISCLAIMER OF WARRANTY:
bWell does not warrant or make any representations regarding the availability, use, timeliness, security, validity, accuracy, or reliability of, or the results of the use of, or otherwise respecting, the content of this site or any other Web site linked to or from the site. Any materials downloaded or otherwise obtained through the use of this site is done at your own discretion and risk. You are solely responsible for any damage to your computer system or loss of data that results from the download of any such materials, or use of this site. The content of the site is provided "as is" and on an "as available" basis, without warranties of any kind either express or implied. To the fullest extent possible pursuiant to applicable law, bWell disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or other violation of rights. No advice or information, whether oral or written, obtained by you from bWell, shall be deemed to alter this disclaimer of warranty or to create any warranty.
LIMITATION OF LIABILITY:
bWell will not be liable for any damages of any kind arising out of or relating to the use or the inability to use this site, its content or links, including but not limited to damages caused by or related to errors, omissions, interrruptions, defects, delay in operation or transmission, computer virus, line failure, and all other direct, indirect, special, incidental, exemplary or consquential damages even if bWell has been advised of the possibility of such damages. Notwithstanding the forgoing, bWell's total liability to you for all losses, damages, and causes of action, including but not limited to those based on contract, tort, or otherwise, arising out of your use of this site, its content or links, shall not exceed the amount you paid to access this site.
You agree that bWell, in its sole discretion, may terminate or restrict your use or access to this Site (or any part thereof) for any reason, including, without limitation, that bWell believes you have violated or acted inconsistently with the letter or spirit of these Terms of Service.