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Please read and agree to the disclaimer before viewing the Neuse
River Networks web site, reading any Neuse River Networks publication
or conducting any business with us.
The Neuse River Networks web site and publications are provided
for informational purposes only. The information contained in the
Neuse River Networks web site and publications represents the current
view of Neuse River Networks on the issues discussed as of the date
of publication. Because Neuse River Networks must respond to changes
in market conditions, it should not be interpreted to be a commitment
on the part of Neuse River Networks and Neuse River Networks cannot
guarantee the accuracy of any information presented after the date
of publication.
INFORMATION PROVIDED IN THE Neuse River Networks WEB SITE AND PUBLICATIONS
IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM
FROM INFRINGEMENT.
The user assumes the entire risk as to the accuracy and the use
of the Neuse River Networks web site and publications. All trademarks
acknowledged.
Manufacturer's Warranty Applies
In performance of Services hereunder, Neuse River Networks does
not warrant that the operation of any system shall be uninterrupted
or that any product manufactured by a third party will operate.
Neuse River Networks does not stock inventory or warrant products
manufactured by others. Products returned to Neuse River Networks
for refund or warranty repair are subject to the return policies
and warranties of the distributors and manufacturers. Hardware returns
must be in original packaging and contain all accessories for a
refund, replacement or repair. Software returns must be in their
original and sealed packaging. In the event a refund is possible,
Client is responsible for all applicable re-stocking, shipping and
handling fees.
Neuse River Networks warrants that Services hereunder will be performed
in a good workmanlike manner. If Services have not been performed
to the satisfaction of Client, Client must provide immediate written
notice to Neuse River Networks describing the nature of the problem
and provide Neuse River Networks reasonable opportunity to re-perform
the Services or, at Neuse River Networks's option, cancel the invoice
for such Services. Client must pay for Services rendered prior to
the date of any problem described in a written notice or not otherwise
disputed.
The preceding paragraphs set forth the exclusive remedy for claims
based on failure of or defect in Service, whether such claim is
based on contract, warranty, tort, strict liability or otherwise,
and however instituted. The foregoing warranty is exclusive and
in lieu of all other warranties, whether written, oral, implied
or statutory. Neuse River Networks HEREBY DISCLAIMS ANY IMPLIED
STATUTORY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR PARTICULAR
PURPOSE.
Limitations of Liability
Not withstanding any other provision in this Agreement, Neuse River
Networks's liability on any claim of any kind, whether based on
contract, warranty, tort, strict liability or otherwise, for any
loss or damage arising out of, connected with, or resulting from
this Agreement, from the performance or breach thereof, or from
all Services and materials provided pursuant to this Agreement,
shall in no case exceed the amount paid by Client to Neuse River
Networks for Services during the 12-month period preceding the event
giving rise to the cause of action. This limitation shall survive
the termination of this Agreement.
In no event shall Neuse River Networks be liable for special, incidental,
exemplary or consequential damages including, but not limited to,
loss of profits or revenue, loss of use of a system, software or
any associated System, cost of substitute system, facilities, services
or down time costs.
In no event shall Neuse River Networks be liable for any loss or
damage whatsoever arising from its failure to discover or repair
defects or defects inherent in the design of a system, or caused
by units or parts returned to use against the advice of Neuse River
Networks
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