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, Motorola and WEST HAWAII ELECTRONICS INC 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 Motorola's and WEST HAWAII ELECTRONICS INC's or any third party's intellectual property rights.
MOTOROLA, and the Stylized M Logo are registered in the US Patent & Trademark Office. All other product or service names are the property of their respective owners. Marks owned by third parties include the following:
Acrobat® and Acrobat Reader® are registered trademarks of Adobe Systems Incorporated.
Advantage Camouflage® is a trademark of Advantage Camouflage, Inc.
The BluetoothTM trademarks are owned by their proprietor and used by Motorola, Inc. under license.
Dolby Digital, Dolby Surround®, Pro Logic® and the double-D symbol are registered trademarks of Dolby Laboratories; Dolby Digital is manufactured under license from Dolby Laboratories.
DTS®, DTS Digital Sound® and DTS Digital Surround® are trademarks of Digital Theater Systems, Inc.
FoundScanTM logo and Foundstone® name are trademarks of Foundstone, Inc. FoundScan Patent Pending.
Fonix® is a registered trademark of Fonix Corporation.
JavaTM and all other Java-based marks are trademarks or registered trademarks of Sun Microsystems, Inc. in the U.S. and other countries.
FOR USE IN EUROPE ONLY: LOONEY TUNES, characters, names, and all related indicia are trademarks of Warner Bros. © 2003.
Macintosh®, Quicktime® and Quicktime logo are registered trademarks of Apple Computer, Inc.
Microsoft®, Windows® and Windows Me® are registered trademarks of Microsoft Corporation; and Windows XPTM is a trademark of Microsoft Corporation.
NFL and the NFL shield design are registered trademarks of the National Football League. ® 2003 NFL Enterprises, L.P. The team names, logos and uniform designs are registered trademarks of the teams indicated.
Netscape® is a registered trademark of Netscape Communication Corporation.
Nuance® is a registered trademark of Nuance Communications.
PICMG®, CompactPCI® and the PICMG and CompactPCI logos are registered trademarks of the PCI Industrial Computer Manufacturers Group.
The PowerPC® and PowerPC Logo® are trademarks of IBM Corp. and used under license.
SlingpackTM is a trademark of GoNeo, LLC.
Sidekick®, Starfish® and the Stylized Starfish Logo are registered trademarks of Starfish Software, Inc., a wholly owned independent subsidiary of Motorola, Inc.
UNIX® is a registered trademark of The Open Group in the United States and other countries.
The W@P CertifiedTM, W@PTM and WAP ForumTM marks are worldwide trademarks or registered trademarks of Wireless Application Protocol Forum Ltd.
Wi-Fi CERTIFIED® and Wi-Fi ZONETM are Certification Marks of the Wireless Fidelity Alliance, Inc.
No Motorola trademark or service mark may be used as a hyperlink without Motorola's prior written permission.
SUBMISSION OF INFORMATION:
Although Motorola and WEST HAWAII ELECTRONICS INC provide certain encryption in an effort to protect the electronic transmission of credit card numbers or social security numbers ("Financial Information") that you submit to Motorola through the Site, Motorola and WEST HAWAII ELECTRONICS INC do not guarantee the security of any information transmitted to or from the Site. You understand and agree to assume the security risk for any information you provide using the Site.
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.
PARTICIPATION IN PROMOTIONS AND OTHER SITE ACTIVITIES:
If you choose to participate in a promotion or other Motorola-sponsored activity ("Website Activity"), you agree to comply with any rules or regulations governing such Website Activity. Additionally, as a condition of your continued participation in the Website Activity, you agree not to: 1) upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; 2) harm minors in any way; 3) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; 4) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Website Activity; 5) upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); 6) upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; 7) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam," "chain letters," "pyramid schemes," or any other form of solicitation; 8) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 9) interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service; 10) "stalk" or otherwise harass another person or entity; or 11) collect or store personal data about other users. You agree that violation of any of the foregoing will result in your immediate disqualification from participant in the Website Activity, and may result in additional legal actions being taken by Motorola.
LINKS TO THIRD PARTY WEB SITES:
This Site may provide links to other third-party World Wide Web sites or resources. Motorola makes no representations whatsoever about any other Web site which you may access through this Site. Because Motorola has no control over such sites and resources, you acknowledge and agree that Motorola 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. Motorola makes no representation or warranty as to any third party Content, products or services, and you agree that Motorola 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:
MOTOROLA 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 THE SITE OR ANY OTHER WEB SITES LINKED TO OR FROM THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, 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 PURSUANT TO APPLICABLE LAW, MOTOROLA 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. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MOTOROLA SHALL BE DEEMED TO ALTER THIS DISCLAIMER OF WARRANTY, OR TO CREATE ANY WARRANTY.
LIMITATION OF LIABILITY:
MOTOROLA 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, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES EVEN IF MOTOROLA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, MOTOROLA'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 Motorola, 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 Motorola believes you have violated or acted inconsistently with the letter or spirit of these Terms of Service, or the terms, conditions, or rules of a sweepstakes, contest, or other promotion contained within the Site.