All materials, information, software, products and services, included in or available through this Site (also referred to as "content") are provided on an "as is" basis. The content is provided without warranties of any kind.
We do not warrant that the content on this Site will be available at any particular time or location; that any defects or errors will be corrected; or that the content is free of viruses or other harmful components. Your use of this Site is solely at your risk. Any material viewed, downloaded or otherwise obtained through the use of this Site is done solely at your discretion and risk, and YOU will be solely responsible for any damage, including without limitation personal injury or distress, damage to your computer system, or loss of data, that results from the viewing or download of any such material. We provide the Site ‘as is’, with all faults and ‘as available’. We make no express warranties or guarantees about the Site and we are not obligated to supply any technical support whatsoever. We do not guarantee that YOU will be able to access or use the Site (either directly or through third-party networks) at times or locations of your choosing, but will attempt to reconcile access problems if possible. No oral or written information or advice given by a representative of UNCW shall create a warranty.
The Site design, games, content, and other information found on this Site are either licensed, created by Jeff Ertzberger and UNCW, or used with permission and protected by international copyright.
Any use exceeding the terms of the licensed access and downloading of the games is expressly prohibited. Games may be downloaded and modified by YOU or your location attendant to a site or institutional license. The further distribution, reproduction, transmission, republication, display or performance of the content, or the sharing of your Password and/or access to the Site, whether or not for profit or commercial gain, is a violation of the licensed access and is expressly prohibited.
YOU must provide at your own expense the equipment, software, and Internet connections that YOU will need to access and use the Site and materials therein. If YOU access the Site through a telephone line, please call your local phone company to determine if the access numbers YOU select are subject to long distance or other toll charges at your location.
YOU may use the Site for lawful purposes only. YOU may not submit or transmit through the Site any material, or otherwise engage in any conduct that:
YOU may not use the Site or any of our communication tools to transmit, directly or indirectly, any unsolicited bulk communications (including e-mails and instant messages). YOU may not harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. YOU may not induce or allow others to use the Site to violate the terms of this section. We may terminate your access to and use of the Site immediately and take any other legal action against YOU, if YOU or anyone using your access to the Site, violates these provisions. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining within our computer or communications networks.
Licensed Use of the Site
Limitation of Liability
Your sole and exclusive remedy for any dispute with us is to discontinue your use of the Website and items downloaded from this site.. In no event shall our liability, or the liability of our parent and our suppliers for any and all claims relating to the use of the Website or downloadable files on the web site exceed the total amount of service fees that YOU paid us during a one-year period for the specific service at issue.
We, our parent, our content partners and our suppliers shall not be liable for any indirect, special, incidental, consequential or exemplary damages arising from your use of, inability to use, or reliance upon the Website. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, or any other commercial damages or losses, even if we knew or should have known of the possibility of such damages. Because some countries, states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such countries, states or jurisdictions, our liability, and the liability of our parent and suppliers, shall be limited to the extent permitted by law
Venue and Jurisdiction
YOU agree that the laws of the state of North Carolina shall govern this transaction and any claim or dispute that YOU may have against us, without regard to any conflict of laws or rules. YOU further agree that any disputes or claims that YOU may have against us will be resolved by a court located in North Carolina and YOU agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
Severability and Integration
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