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