ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THIS WEB SITE. USING THIS WEB SITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS ("TERMS"), DO NOT USE THIS WEB SITE.
USE OF SITE
You agree that you shall not use Site (a) to delete, modify, hack or attempt to change or alter any of the materials on the Site; (b) for any unlawful purpose; (c) to solicit others to perform or participate in any unlawful acts; (d) to violate any international, federal, or state regulations, rules, laws, or ordinances; (e) to infringe or violate our intellectual property rights or the intellectual property rights of others; (f) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, notional origin, or disability; (g) to submit false or misleading information; (h) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of our Site, other websites, or the internet; (i) to collect or track the personal information of others; (j) to spam, phish (email fraud), pharm (web traffic redirection fraud), pretext, spider, crawl, or scrape; (k) for any obscene or immoral purpose; or (l) to interfere with or circumvent the security features of our Site, other websites, or the Internet. RoadRunner reserves the right to terminate your use of our Site for violating any of the prohibited uses or the Terms, herein. RoadRunner may fully cooperate with any law enforcement agency or authorities, or court order requesting or directing disclosure of the identity of anyone suspected of use of the Site for illegal purposes.
To use certain features of the Site, you may need to create an account. If you create an account, you agree you will: (a) create only one account; (b) provide honest, accurate, current and complete information regarding yourself; (c) keep your information updated and accurate; (d) keep your account password private and not share it with others; and (e) notify us if you discover or suspect that your account has been hacked or its security has been breached.
You agree to take responsibility for all activities on or under any account registered to you and you accept all risks for any unauthorized use of your account. You are responsible for providing the equipment and services that you need to access and use the Site. RoadRunner does not guarantee that the Site is accessible on any particular equipment or device or with any particular software or service plan.
RoadRunner reserves the right, without notice and in our sole and absolute discretion at any time, to terminate your right to access and use the Sites or any component of them and to block or prevent future access to and use of the Sites and to delete your account and any related information. Any obligation or liability you incur prior to our termination of your access to the Sites will survive such termination.
MODIFICATION OF TERMS
RoadRunner may modify the Terms and/or the contents of this Site at any time without prior notice. Any modifications to the Terms shall be effective immediately upon posting of the modified Terms. You agree to and are responsible for reviewing these Terms periodically to be aware of any such modifications, and your continued access or use of the Site shall be deemed your conclusive acceptance of the modified Terms. If you do not agree to the Terms as they may be modified, your sole and exclusive remedy shall be to discontinue using the Site.
Trademarks used or displayed at this Site are trademarks of RoadRunner or its affiliates or third-party owners. Nothing contained on this Site is to be construed as granting, by implication, estoppel, or otherwise, any license or right of use of any such trademark without the prior written permission of RoadRunner or such third-party owner.
When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from RoadRunner electronically. RoadRunner may choose to communicate with you by e-mail, text messaging, or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that RoadRunner provides to you electronically satisfy any legal requirement that such communications be in writing.
LINKS TO OTHER WEB SITES
RoadRunner may make available links between this Site and websites operated by third parties. RoadRunner has no control over any such third-party website or the contents contained therein. The existence of such links are not and shall not be considered an endorsement by RoadRunner of any third-party websites, their contents or their owners, users or operators.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE. THE MATERIALS PROVIDED AT THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATIONS AND WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Site. RoadRunner further does not warrant the accuracy, currency, and completeness of the materials at this Site. RoadRunner may make changes to the materials at this Site, or to the products and prices described in them, at any time without notice. The materials at this Site may be out of date, and RoadRunner makes no commitment to update the materials at this Site. Information published at this Site may refer to products, programs or services that are not available in your country. SUCH REFERENCES DO NOT IMPLY THAT ROADRUNNER INTENDS TO MAKE THEM AVAILABLE IN YOUR COUNTRY. Consult a RoadRunner business contact for information regarding the products, programs and services that may be available to you. All orders are subject to acceptance by RoadRunner. RoadRunner’s obligations and responsibilities regarding its services are governed solely by the written agreements under which they are sold.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ROADRUNNER ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES, INCLUDING CONSEQUENTIAL, INDIRECT, OR INCIDENTAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OR RELIANCE ON THIS SITE, ANY WEBSITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH WEBSITES, OR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES AT THE SITE OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. THIS WAIVER APPLIES, WITHOUT LIMITATION TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ROADRUNNER, ITS AFFILIATES OR LICENSORS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE.
You agree to indemnify, defend and hold harmless RoadRunner, its officers, directors, shareholders, employees, agents, affiliates, suppliers and any third party information providers to the Site from and against all losses, expenses, claims, damages and costs, including reasonable attorneys' fees, arising out of or resulting from any violation of these Terms by you.
To the extent any portion of these Terms is determined to be unenforceable by a court of competent jurisdiction, such portion will be modified by the court solely to the extent necessary to cause such portion to be enforceable, and these Terms, as so modified, shall remain in full force and effect.
At any time and in RoadRunner’s sole discretion, RoadRunner may make interactive chat services available to you. RoadRunner makes no warranty that chat services will be available at any time nor that it will be free of fault or error.
Chat services are provided solely as a convenience to you. Nothing communicated through chat services will be considered a legal agreement, representation, or warranty as to our products, services, processes, decisions, or response times. Providing or participating in chat services does not constitute consent by us to use electronic records and signatures as a substitute for written documents. Communication provided through chat shall not be considered notice to RoadRunner, where notice is required under an underlying agreement.
You will not use chat services to send any abusive, defamatory, dishonest or obscene message, and doing so may result in termination of the chat service session and your access to chat services.
These Terms shall all be governed and construed in accordance with the laws of the Commonwealth of Pennsylvania. You agree that any legal action or proceeding between RoadRunner and you for any purpose concerning these Terms or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the Commonwealth of Pennsylvania. Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. RoadRunner's failure to insist upon, or enforce strict performance of, any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms. RoadRunner may assign its rights and duties under these Terms to any party at any time without notice to you.