BlueWave Express

BLUEWAVE MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE EXPRESS CARD, INCLJUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. BLUEWAVE DOES NOT REPRESENT OR WARRANT THAT YOUR BLUEWAVE EXPRESS CARD WILL ALWAYS BE ACCESSIBLE OR ACCEPTED. IF BLUEWAVE IS FOUND LIABLE TO YOU, YOU SHALL ONLY BE ENTITLED TO RECOVER ACTUAL AND DIRECT DAMAGES WHICH SHALL NOT EXCEED THE LAST BALANCE HELD ON YOUR BLUEWAVE EXPRESS CARD. BLUEWAVE SHALL HAVE NO LIABILITY FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLJUDING WITHOUT LIMITATION LOSS OF PROFIT, REVEUNE OR USE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE EXPRESS CARD, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTE), PRODUCT LIABILITY, STIRCT LIABIILTY OR OTHER THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBLITIY OF SUCH DAMGES. IN NO EVENT SHALL BLUEWAVE HAVE ANY LIABILITY FOR UNAUTHORITZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF A BLUEWAVE EXPRESS CARD THROUGH ACCIDENT, MISUSE, OR FRAUDULENT MEANS OR DEVICES BY YOU OR ANY THIRD PARTY, OR AS A RESULT OF ANY DELAY OR MISTAKE RESULTGIN FROM CIRCUMSTANCES BEYOUND OUR CONTROL.