Capture and Use of Information

Additional Uses of Information

Restrictions on Use of Materials

Content Links

Disclaimer

Indemnification

Limitation of Liability

Termination

General Provisions

Terms of Use

Updated: 11/29/2004

Welcome to the bMobile Technology website, BMOBILETECH.COM.

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING BMOBILETECH.COM or any other bMobile Technology website. By using any bMobile Technology website, you signify your agreement to these terms of use. If you do not agree to these terms of use, please do not use the bMobile Technology Websites. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this bMobile Technology Website following the posting of changes to these terms will mean you accept those changes.

Capture and Use of Information

If you participate interactively on any bMobile Technology Website, you may be asked to register for a free username and password and information. Unique identifiers, such as IDs and passwords, are collected to verify your identity and for use as account numbers in our record system. Your contact information may also be used to contact you when necessary for customer service reasons.

"Cookies" are small pieces of information that are stored by your browser on your computer's hard drive. Generally, cookies work by assigning to your computer a unique number that has no meaning outside of our site. Our cookies do not contain any personally identifying information; we use them to provide personalization features. We may also use cookies to assist us in delivering content specific to your interests. Additionally, after you've entered your username and password during a session on our service, we save that information so you don't have to re-enter it repeatedly during that session. Most Web browsers automatically accept cookies, but you can usually change your browser to prevent that. Not accepting cookies may make certain features unavailable to you.

We may use your IP address to identify you, to administer our Web site and to assist in diagnosing problems with our server.

Back to Top

Back to Top

Additional Uses of Information

All of the information we collect, both what you tell us and what we collect through the use of cookies, is used to personalize your account, to customize our services and to allow us to contact you when necessary. It is the policy of bMobile Technology not to release any personally identifying information about you without your consent. We may use contact information that you provide to send you information about our company and promotional material from some of our partners. bMobile Technology will disclose personal information about an individual user if we believe in good faith that such disclosure is necessary to comply with an applicable law or valid legal process.

Restrictions on Use of Materials

All materials contained in BMOBILETECH.COM or any bMobile Technology Website are the copyrighted property of bMobile Technology No material from any bMobile Technology Website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use only, provided that you keep intact all copyright and other proprietary notices, you make no modifications to the materials, you do not use the materials in a manner that suggests an association with any of our products, or services, and you do not download quantities of materials to a database that can be used to avoid future downloads from any bMobile Technology Website.

For purposes of these terms, the use of any such material on any other Web site or computer environment is prohibited. All trademarks are proprietary to us.

In the event you download software from any bMobile Technology Website, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you for your personal, noncommercial home use only. We do not transfer title to the Software to you. You own the medium on which the Software is recorded, but we (or third-party licensors) retain full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.

Back to Top

Content Links

We make no representations concerning the content of sites listed in any of our directories. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in sites listed in our search results or otherwise linked to a bMobile Technology Website.

We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from any bMobile Technology Website. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any bMobile Technology Website or third-party content on our sites. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third-party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

Back to Top

Disclaimer

THE MATERIALS IN THIS BMOBILE TECHNOLOGY WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON ANY BMOBILE TECHNOLOGY WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY BMOBILE TECHNOLOGY WEBSITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY BMOBILE TECHNOLOGY WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Back to Top

Indemnification

You are entirely responsible for maintaining the confidentiality of your Password and account and for all activities that occur under your account. You hereby indemnify, defend, and hold us and our affiliates and our officers, directors, owners, agents, information providers, affiliates, licensors, and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liabilities and costs (including reasonable attorneys' fees') incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or claims arising from your account. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Back to Top

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY BMOBILE TECHNOLOGY WEBSITE OR MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING ANY BMOBILE TECHNOLOGY WEBSITE.

Back to Top

Termination

These terms are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of all bMobile Technology Websites and destroying all materials obtained from any and all such sites and all related documentation and all copies and installations thereof, whether made under these terms or otherwise. Your access to any and all bMobile Technology Websites may be terminated immediately without notice from us if in our sole discretion you fail to comply with any term or provision of these terms. Upon termination, you must cease use of the bMobile Technology Website and destroy all materials obtained from such site and all copies thereof, whether made under these terms or otherwise.

General Provisions

These terms shall be governed by and construed in accordance with the laws of the State of Idaho, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Ada County, Idaho, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.