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Boxwave Terms of Use

Welcome to BoxWave.com. BoxWave.com and its affiliates provide their services to you subject to the following conditions.  If you visit or shop at BoxWave.com, you accept these conditions.  Please read them carefully.  In addition, when you use any current or future BoxWave.com service or visit or purchase from any business affiliated with BoxWave.com, whether or not included in the BoxWave.com Web site, you also will be subject to the guidelines and conditions applicable to such service or business.  If these conditions are inconsistent with such guidelines and conditions, such guidelines and conditions will control.

PRIVACY

Please review our Privacy Notice, which also governs your visit to BoxWave.com, to understand our practices.

CONTENT, COPYRIGHT, AND TRADEMARK NOTICE

All pages Copyright BoxWave Corporation. All rights reserved.

All editorial content and graphics on this site are protected by U.S. copyright and international treaties and may not be copied without the express permission of BoxWave, Inc., which reserves all rights. Re-use of any of BoxWave's editorial content and graphics online for any purpose is strictly prohibited. The materials from BoxWave's sites are available for informational and noncommercial uses offline only, provided the content and/or graphics are not modified in any way, all copyright and other notices on any copy are retained, and permission is granted by BoxWave.

U.S. Government Users Restricted Rights. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of BoxWave's proprietary rights in them. BoxWave web site pages may contain other proprietary notices and copyright information that should be observed.

Permission to use BoxWave content is granted on a case-by-case basis. BoxWave welcomes requests. Please contact us at request@boxwave.com to submit a request.

DO NOT copy or adapt the HTML that BoxWave creates to generate pages. It also is covered by BoxWave's copyright.

ActiveSync and other Microsoft products referenced herein are either trademarks or registered trademarks of Microsoft Corporation.  Palm, PalmOne, and Treo products referenced herein are either trademarks or registered trademarks of Palm, Inc.  Axim and other Dell products referenced herein are either trademarks or registered trademarks of Dell, Inc.  Apple and iPod products referenced herein are either trademarks or registered trademarks of Apple Computer, Inc.  Sony and PlayStation Portable products referenced herein are either trademarks or registered trademarks of Sony Corporation.  VELCRO® is a registered trademark of Velcro Industries B.V.  CNBC® is a registered trademark of CNBC.  engadget® is a registered trademark of Weblogs, Inc.  PC Today® is a registered trademark of Sandhills Publishing Company.  Handheld Computing® is a registered trademark of HHCMAG.com.  All other names of actual companies and products mentioned herein may be the trademarks of their respective owners.

RISK OF LOSS

All items purchased from BoxWave.com are made pursuant to a shipment contract.  This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

LIMITATION OF LIABILITY

BOXWAVE.COM IS NOT RESPONSIBLE FOR ANY INFECTIONS, CONTAMINATIONS, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE, ERRORS, OMISSIONS, INTERRUPTIONS, OR DEFECTS ARISING OUT OF YOUR USE OF THIS SITE OR WITH RESPECT TO THE MATERIAL PROVIDED AND/OR CONTAINED ON THIS SITE.

IN NO EVENT SHALL BOXWAVE.COM BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, RESULTING FROM WHATEVER CAUSE, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION UNDER THEORIES OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE INFORMATION OR MATERIALS ON, OR ACCESSED THROUGH, THE BOXWAVE.COM WEB SITE.

NOTWITHSTANDING THE ABOVE, IN NO EVENT SHALL BOXWAVE.COM'S TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNTS PAID TO BOXWAVE.COM BY YOU IN CONNECTION WITH THE TRANSACTION CLAIMED BY YOU TO GIVE RISE TO YOUR CLAIM.

APPLICABLE LAW

By visiting BoxWave.com, you agree that the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and BoxWave.com or its affiliates.

DISPUTES

Any dispute relating in any way to your visit to BoxWave.com or to products you purchase through BoxWave.com shall be submitted to confidential arbitration in Seattle, Washington, except that, to the extent you have in any manner violated or threatened to violate BoxWave.com's intellectual property rights, BoxWave.com may seek injunctive or other appropriate relief in any state or federal court in the state of Washington, and you consent to exclusive jurisdiction and venue in such courts.  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.

SITE POLICIES, MODIFICATIONS, AND SEVERABILITY

Please review our other policies, such as our Privacy Notice, posted on this site.  These policies also govern your visit to BoxWave.com.  We reserve the right to make changes to our site, policies, and these Conditions of Use at any time.  If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.