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TERMS of services
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Fayetteville.net (“Fayetteville.net”) welcomes you to its online news website. By using this website(s) (“Fayetteville.net’s Services” or
“Website”), YOU AGREE TO BE BOUND BY THIS TERMS OF SERVICE and PRIVACY POLICY,
as amended from time to time, and all disclaimers, terms and conditions that
appear elsewhere on this application. You agree that any
changes made to this Terms of Service will be effective as of the date posted
to this page.
Legal and Enforceable Online
Contract
By accepting these TERMS OF SERVICE, including but not
limited to its PRIVACY POLICY, BY EITHER CLICKING THE “ACCEPT THESE TERMS”
BUTTON OR USING THE WEBSITE, YOU AGREE THAT YOU HAVE ENTERED INTO A LEGAL AND
ENFORCEABLE ONLINE CONTRACT WITH FAYETTEVILLE.NET, AND ACCEPT THESE TERMS AND
CONDITIONS AS STATED IN THIS “TERMS OF SERVICE” TO GOVERN YOUR USE OF THIS WEBSITE.
18 Years of Age to Use
To
use this Website, you must be 18 years of age or older. Any offers of sale presented through this
Website are only intended for individuals who are 18 years of age or
older. By using this Website or purchasing
goods or services from the use of the tyBit Services, you affirm that you are
18 years of age or older.
This Website is not directed for use by
children. This Website is intended for use by adults who are 18 years of age or
older. If a parent or guardian elects to
allow a child under the age of 13 years old to utilize this Website, then such
parent or guardian agrees that it has provided its consent to Fayetteville.net
to allow Fayetteville.net to use its technology while its child is utilizing
this Website.
Content
Linked to by Fayetteville.net
The sites
displayed as search results or linked to by Fayetteville.net Services are
developed by people over whom Fayetteville.net exercises no control. Following
various links located on Website may result in links to websites that some
people find objectionable, inappropriate, or offensive. We cannot guarantee
that any link established on Fayetteville.net will not locate unintended or
objectionable content and assume no responsibility for the content of any site
included in any search results or otherwise linked to by Fayetteville.net
Services.
Purchases
Any purchase of services or products originated from your use of this Website
shall be governed in accordance to the purchasing policies of those websites in
which you made your purchase, including but not limited to Fayetteville.net and
its affiliates’ pricing, sales tax, payment, order acceptance/confirmation. Pease review such policies prior
to using or making purchases at their websites.
Product Display/Colors
Fayetteville.net attempts to display product images shown on through this Website
as accurately as possible. However, we cannot guarantee that the color you see
matches the product color, as the display of the color depends, in part, upon
the monitor you are using or the color settings for your computer.
Advertisement
Errors
Advertisement errors will be corrected where discovered, and Fayetteville.net reserves
the right to revoke any stated offer and to correct any errors, inaccuracies or
omissions.
Venue
and Applicable Law
This Website was created and is operated by AIT, Inc. d/b/a Fayetteville.net in
the State of North Carolina, United States of America. All disputes under this
Agreement shall be resolved by litigation in the courts of either Wake or
Cumberland Counties, North Carolina including the federal and small claims
courts therein and you agree to consent to the jurisdiction of such courts,
agree to accept service of process by mail, and hereby waive any jurisdictional
or venue defenses otherwise available to it. The laws of the State of
Legal Notices
Original material which Fayetteville.net posts on this Website is protected by
intellectual property laws. Copyright ©
2007 AIT, Inc., All Rights Reserved, AIT™.
Patent-pending for Fayetteville.net’s Website and other
applications. You are hereby granted a
non-exclusive license to use Fayetteville.net’s Application (“Content”), but only while utilizing the
Website. You are also granted a limited
license to print copies of any Content posted on Website, but only for your
personal use. Except as expressly
provided herein, Fayetteville.net reserves all rights to its intellectual
property. Among other things, except to
the extent required for the limited purpose of reviewing materials on the
Website, any electronic reproduction, adaptation, distribution, performance or
display of the Content is prohibited.
Commercial use of any of the Content is strictly prohibited. Except as expressly provided herein, use of
any copyright, patent or trademark of tyBit, AIT, and/or Fayetteville.net also
is strictly prohibited.
Privacy
Fayetteville.net’s technology provides a method and program for its
advertisers and partners to distribute their marketing materials
contained within this Website to you while receiving valuable and accurate
feedback on what you think is interesting.
Our technology enables
us to determine (i) your geographic location from either the zip code that you
provide to Fayetteville.net, the Website and/or other applications that you may
download through Fayetteville.net onto your computer or through your GPS of
your mobile device; (ii) your age and income if you voluntarily submit it to Fayetteville.net;
(iii) your search terms or interactive behavior with our Website; (iv) your
purchasing behavior; (v) your computer location through your unique computer IP
address; (vi) source of the information sought by you during your search and/or
visit to Website; and (vii) the age of your results data (collectively, “Shared
Information”). More importantly, our technology obtains
the Shared Information anonymously without obtaining your identity or any other
personal identifiable information of you.
The Shared Information is sorted by unique computers, rather than unique
users.
For a better understanding of the privacy philosophies of Fayetteville.net and its parent company, affiliate, and subsidiaries and how they use, share and secure the Shared Information, please visit each entity’s, and see Fayetteville.net’s Privacy Policy ( http://news.fayetteville.net/pages/Privacy-Policy.html)
page. Fayetteville.net’s
Privacy Policies are automatically a part of and incorporated into these Terms
of Service.
Security
You are prohibited from violating
or attempting to violate the security of the Website application and
corresponding websites, including, without limitation, (a) accessing data not
intended for such user or logging onto a server or an account which the user is
not authorized to access; b) using the Website or websites for unintended
purposes or trying to change the behavior of the Website or websites; (c)
attempting to probe, scan or test the vulnerability of a system or network or
breach security or authentication measures without proper authorization; (d)
attempting to interfere with service to any user, host or network, including
without limitation via means of submitting a virus to the Website application
or websites, overloading, "flooding," "spamming,"
"mailbombing" or "crashing;"; (f) forging any TCP/IP packet
header or any part of the header information in any e-mail or newsgroup
posting. Violations of system or network security may result in civil or
criminal liability; or (g) forging communications on behalf of the Website
application or website (impersonating the Website application or website) or to
the Website (impersonating as a legitimate user). Sending unsolicited and
unauthorized e-mail on behalf of Fayetteville.net, including promotions and/or
advertising of products or services, is expressly prohibited.
You agree not to use any device, software or routine or data to interfere or
attempt to interfere with the proper working of the Website application and websites
or any activity being conducted on Website application or websites. You agree,
further, not to use or attempt to use any engine, software, tool, agent, data
or other device or mechanism (including without limitation browsers, spiders,
robots, avatars or intelligent agents) to navigate or search the Website or websites
other than the Website and search agents provided by Fayetteville.net or
generally publicly available browsers.
Damages
In no event shall Fayetteville.net, or its affiliates, or their respective
officers, directors, employees, representatives or agents be liable for special,
incidental, consequential, punitive, indirect, or other special damages,
including but not limited to, loss of data, use, or profits, however caused,
whether for breach of contract, negligence, or otherwise, and whether or not we
have been advised of the possibility of any such damages.
Limitation of
Liability and Disclaimers
By
using this Website, you expressly agree that your use of this Website is at
your sole risk. This Website is provided on an “AS IS” and “as available”
basis. Neither Fayetteville.net, AIT nor their respective officers, directors,
employees, agents, third-party content providers, designers, contractors,
distributors, merchants, sponsors, licensors or the like (collectively, “Associates”) warrant that use of this Website
will be uninterrupted or error-free. Neither Fayetteville.net, AIT nor their Associates
warrant the accuracy, integrity or completeness of the content provided on this
Website or the products or services offered for sale on this Website. Further, Fayetteville.net,
AIT makes no representation that content provided on this Website is applicable
to, or appropriate for use in, locations outside of the United States. Fayetteville.net, AIT and its Associates
specifically disclaim all warranties, whether expressed or implied, including
but not limited to warranties of title, merchantability or fitness for a
particular purpose. No oral advice or written information given by Fayetteville.net,
AIT or its Associates shall create a warranty. Some states do not allow the
exclusion or limitation of certain warranties, so the above limitation or
exclusion may not apply to you.
Under no circumstances shall Fayetteville.net, AIT or its Associates be liable
for any direct, indirect, incidental, special or consequential damages that
result from your use of or inability to use this Website, including but not
limited to reliance by you on any information obtained from this Website that
results in mistakes, omissions, interruptions, security breaches, deletion or
corruption of files, viruses, delays in operation or transmission, or any
failure of performance. The foregoing Limitation of Liability shall apply
whether in an action of contract, negligence or other tortious action, even if
an authorized representative of Fayetteville.net or AIT has been advised of or
should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph
shall apply to all content, your data stored by Fayetteville.net, AIT, goods or
services available through this Website.
Some states do not allow the exclusion or limitation of incidental or
consequential damages, so the above limitation or exclusion may not apply to
you.
Fayetteville.net reserves the right to make
changes to Website and its TERMS OF SERVICE and PRIVACY POLICY at any time.
Each time you use this Website, you must visit and review the then current TERMS
OF SERVICE and PRIVACY POLICY that apply to your use and transaction of this Website.
If you are dissatisfied with this Website, its content or TERMS OF SERVICE and PRIVACY
POLICY, you agree that your sole and exclusive remedy is to discontinue using the
Website.
Tampering with the Website, Application, misrepresenting the identity of a user
or buying agents, using software to manipulate the Website, Application in any
way, or conducting fraudulent activities through use of the Website,
Application are prohibited.
Contact Information for Fayetteville.net
·
Fayetteville.net’s
Website address is: www.Fayetteville.net
The mailing address for Fayetteville.net is: Fayetteville.net
c/o AIT, Inc., 421 Maiden Lane, Fayetteville, NC 28301.
·
The telephone number for Fayetteville.net is: (910) 321-1352.
·
The
e-mail address to contact Fayetteville.net is:
info@ait.com.
Terms of
Service Agreement Updates
These Terms of Service were last updated on 9
July 2008. Any
changes made to these Terms of Service will be effective as of the date posted
to this page.

