Visitor Agreement for Baja Broadband Website

Welcome to the Baja Broadband ("Baja Broadband") Web Site. By using this Web Site, you agree to abide by these terms of use. Baja Broadband may change the terms of this agreement, as Baja Broadband deems appropriate. After Baja Broadband posts changes, your use of this Web Site constitutes acceptance of this agreement, as modified.

You are welcome to send Baja Broadband questions or comments about this Web Site. Please advise us if you see any information on the Web Site that you think may be inaccurate. The Web Site is only for informational purposes. Errors may appear from time to time, despite efforts by Baja Broadband staff to provide accurate information. We at Baja Broadband try to update our Web Site as often as possible to offer you the latest information. However, information changes quickly and may become outdated. Baja Broadband may post follow-up reports but may continue to provide access to the original report, as in an archive of news stories. The original report is not changed to reflect new developments. You should make an effort to assure that you are not looking at an out of date report. You should confirm facts that are important before you act based on the material on this Web Site.

If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via the Baja Broadband Web Site, please notify us through use of the comment form on the Web Site, or by sending a letter via U.S. mail to Baja Broadband, 9201-H Southern Pines Blvd, Charlotte, NC 28273, Attention: Legal Department.

Baja Broadband is not responsible for, and cannot guarantee the performance of, goods and services provided by our advertisers or others to whose sites Baja Broadband links. A link to another Web Site does not constitute an endorsement of that site (nor of any product, service or other material offered on that site) by Baja Broadband, its employees, directors, subsidiaries, owners, affiliates, agents, representatives or licensors.

The materials available through the Baja Broadband Web Site are the property of Baja Broadband or its licensors and are protected by copyright, trademark, and other intellectual property laws. You may display and print for your personal, non-commercial use information you receive through this Web Site, but you may not otherwise reproduce any of the materials without the prior written consent of the owner. You may not distribute copies of materials found on this Web Site in any form (including by e-mail or other electronic means), without prior written permission from the owner. You may advise others to access the information themselves on this Web Site and tell them how to locate the Web Site. Requests for permission to reproduce or distribute materials found on this Web Site should be sent to Baja Broadband, 14661 Rudolph Dadey Drive, Charlotte, NC 28277, Attention: Director of Online Content.

Baja Broadband welcomes links to its Web Site. You may establish a hypertext link to this Web Site provided that the link does not state or imply any sponsorship of your site by Baja Broadband, its employees, directors, subsidiaries, owners, affiliates, agents, representatives or licensors.

You may not use any trademark or service mark appearing on this Web Site without the prior written consent of the owner of the mark.

DISCLAIMER OF WARRANTIES AND LIABILITY; INDEMNITY

YOU AGREE THAT YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK. THERE MAY BE OMISSIONS, INACCURACIES, DELAYS OR OTHER PROBLEMS WITH SUCH INFORMATION BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE WEB SITE. YOU ACKNOLWEDGE THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION. YOU RELY ON THIS WEB SITE OR ANY MATERIAL AVAILABLE THROUGH THIS WEB SITE AT YOUR OWN RISK. YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THIS WEB SITE.

THIS WEB SITE IS PROVIDED TO YOU "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." BAJA BROADBAND AND ITS EMPLOYEES, DIRECTORS, SUBSIDIARIES, OWNERS, AFFILIATES, AGENTS, REPRESENTATIVES, AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE WEB SITE, NOR DO THEY GUARANTEE THAT THE WEB SITE WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE WEB SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

BAJA BROADBAND, ITS EMPLOYEES, DIRECTORS, SUBSIDIARIES, OWNERS, AFFILIATES, AGENTS, REPRESENTATIVES OR LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES ARISING OUT OF USE OF THIS WEB SITE, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF BAJA BROADBAND, ITS EMPLOYEES, DIRECTORS, SUBSIDIARIES, OWNERS, AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU AGREE THAT THE LIABILITY OF BAJA BROADBAND, ITS EMPLOYEES, DIRECTORS, SUBSIDIARIES, OWNERS, AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS, IF ANY, ARISING OUT OF ANY LEGAL CLAIM IN ANY WAY CONNECTED TO THE WEB SITE SHALL NOT EXCEED THE AMOUNT YOU PAID TO BAJA BROADBAND FOR THE USE OF THE WEB SITE.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS BAJA BROADBAND, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, EXPENSES AND COSTS, INCLUDING RESONABLE ATTORNEYS FEES, THROUGH THE APPEAL PROCESS, RESULTING FROM ANY VIOLATION OF THIS AGREEMENT BY YOU.

MISCELLANEOUS

Baja Broadband does not have a responsibility or obligation to monitor material transmitted by or residing on this web site and server. Baja Broadband does, however, reserve the right to periodically monitor the contents of this website and server and to remove, modify, or reject material which Baja Broadband, in its sole discretion, determines to be harmful, offensive, in violation of the law or otherwise unacceptable.

This agreement has been made in and shall be construed in accordance with the laws of the State of North Carolina. By using this Web Site, you consent to the exclusive jurisdiction of the state and federal courts in Charlotte, North Carolina, in all disputes arising out of or relating to this agreement or this Web Site.

By using this Web Site, you agree to abide by the terms of this agreement.



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