2. Use of the Site.
D. Site Security.
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation:
- Accessing data not intended for Your use, or logging onto a server which You are not authorized to access.
- Attempting to probe, scan or test the vulnerability of the Site or any RWM system or network, or to breach security or authentication measures utilized by RWM on the Site without proper authorization.
- Attempting to interfere with RWM’s service to any RWM Account holder, or user of the Site, host or RWM network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing.”
- Sending unsolicited email, including promotions and/or advertising of products or services not otherwise expressly authorized or permitted by RWM.
- Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.
Violations of RWM’s system or network security may result in civil or criminal liability. RWM will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users, including You, who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than any search engine and search agents available from RWM on the Site and other than generally available third party web browsers (e.g., Firefox or Microsoft Explorer).
E. Liquidated Damages.
3. Advertising on the Site.
RWM DOES NOT MAKE ANY GUARANTEES, WARRANTIES OR REPRESENTATIONS REGARDING THE PRODUCTS, SERVICES, OR SKILLS OF ANY ENTITIES THAT ARE ADVERTISED ON, OR LINKED TO OR FROM, THE SITE, OR THE QUALITY OF THE PRODUCTS OR SERVICES THAT YOU MAY PURCHASE OR ACQUIRE FROM SUCH ENTITIES. IF YOU PURCHASE SUCH PRODUCTS OR SERVICES, OR ENTER INTO A BUSINESS RELATIONSHIP WITH THE PROVIDERS OR SUCH PRODUCTS OR SERVICES, YOU DO SO AT YOUR SOLE DISCRETION AND RISK. RWM DOES NOT GUARANTEE OR WARRANT THE PERFORMANCE OR THE OUTCOME OR QUALITY OF THE PRODUCTS OR SERVICES PROVIDED BY ANY ENTITY OTHER THAN RWM. SHOULD YOU HAVE A DISPUTE WITH A THIRD PARTY ADVERTISER, YOU MUST ADDRESS THE DISPUTE WITH THAT ADVERTISER DIRECTLY, AND YOU HEREBY AGREE TO RELEASE RWM, ITS EMPLOYEES AND AGENTS FROM ANY AND ALL DAMAGES OR CLAIMS, INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH ANY THIRD PARTY ADVERTISER ON THE SITE.
4. Intellectual Property Protection.
The acronym “RWM”, the name and logo for “Broadband Expert”, the domain at which the Site is located, and any other RWM graphics, logos, designs, page headers, button icons, scripts and service names are trademarks or trade dress of RWM. RWM’s trademarks and trade dress may not be used, including as part of trademarks or as part of domain names, in connection with any other product or service in any manner that is likely to cause consumer confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of RWM. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of RWM or any RWM affiliates without RWM’s express written consent. You may not use any meta tags or any other “hidden text” utilizing RWM’s name or trademarks without the express written consent of RWM.
5. Disclaimer of Warranties.
RWM uses reasonable efforts to provide accurate, complete, and current RWM content on the Site. Nevertheless, RWM does not guarantee or warrant that the RWM content therein is accurate, complete, timely, or free of technical or typographical errors. Pricing and details of Broadband Services are submitted to RWM by the respective providers. RWM is not responsible if there are any inaccuracies or discrepancies with the pricing and details as submitted by the Broadband Services providers.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE INFORMATION ON THE SITE, IN ANY RWM CONTENT, IS AT YOUR SOLE RISK. THE RWM CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. RWM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. RWM DOES NOT MAKE ANY WARRANTY THAT THE RWM CONTENT WILL MEET YOUR REQUIREMENTS OR THAT ACCESS TO THE SITE, AND THE RWM CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, VIRUS-FREE OR ERROR FREE. EXCEPT AS OTHERWISE SEPARATELY EXTENDED TO YOU AT THE TIME YOU RECEIVE ANY RWM CONTENT PROVIDED TO YOU, RWM DOES NOT MAKE ANY WARRANTY CONCERNING THE INFORMATION AND RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE RWM CONTENT PROVIDED ON OR THROUGH THE SITE, OR CONCERNING THE ACCURACY OR RELIABILITY OF ANY INFORMATION DISPLAYED THEREON. RWM DOES NOT MAKE ANY WARRANTY REGARDING ANY INFORMATION OBTAINED FROM ANY HYPERLINKED THIRD PARTY SITE, INCLUDING ANY ADVERTISER’S SITE. RWM DOES NOT MAKE ANY WARRANTY REGARDING THE RELATIONSHIPS BETWEEN ANY ADVERTISER ON THE SITE AND OTHER USERS OF THE SITE. INFORMATION OBTAINED BY YOU FROM THE SITE SHALL NOT CREATE ANY WARRANTY NOT EXPRESSLY OR IMPLIEDLY MADE HEREIN TO THE EXTENT PERMITTED BY APPLICABLE LAW.
6. Limitation of Liability.
YOU SPECIFICALLY AGREE THAT RWM IS NOT LIABLE FOR ANY CONDUCT BY YOU WHILE USING THE SITE. RWM IS ALSO NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, OR FAILURE OF ANY EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON THE SITE, INCLUDING ANY INJURY OR DAMAGE TO ANY YOUR, OR ANY OTHER PERSON’S COMPUTER RELATED TO OR RESULTING FROM USE OF THE SITE.
IN NO EVENT SHALL RWM, BE LIABLE FOR ANY DAMAGES, INCLUDING ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM YOUR USE OR THE INABILITY TO USE THE SITE, ANY RWM CONTENT, ANY INFORMATION ACCESSIBLE ON THE SITE, FROM ANY MESSAGES RECEIVED THROUGH THE SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLE PROPERTY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF RWM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
9. Termination of Site Access.
You understand and agree that RWM, in its sole discretion, may terminate Your right to use the Site, direct You to cease using the Site, and discontinue or restrict Your access to the Site, all without notice to You and for any reason. You agree that RWM shall not be liable to You or to any third party for any modification, suspension, or discontinuance of the Site, or any parts thereof.
10. Modifications to the Site.
You understand and agree that RWM may discontinue or change the Site at any time, without notice to You. RWM makes no commitment to update the information and content on the Site. RWM may, as it deems necessary and appropriate, make revisions, upgrades and modifications to the Site from time to time to maintain the general performance and functionality of the Site at no additional charge to You.